Citation Nr: 21068996
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 20-12 530
DATE: November 17, 2021

REMANDED

Entitlement to an initial rating higher than 10 percent for left foot metatarsalgia, status post surgeries is remanded.

REASONS FOR REMAND

The Veteran's metatarsalgia of the left foot is rated as 10 percent disabling under DC 5279, and a 10 percent rating is the maximum available under that diagnostic code.  38 C.F.R. § 4.71a. 

The Veteran's representative asserts that the disability should be evaluated under the diagnostic code pertinent to pes planus.  The medical evidence currently of record is unclear as to what conditions are a part of the service-connected left foot disability.  A remand is therefore necessary to provide the Veteran with a comprehensive foot examination so that the disability can be properly evaluated.

The matter is REMANDED for the following action:

1. Provide the Veteran with a VA foot examination to help ascertain all manifestations of the already service-connected left foot disability.  The claims file and a copy of this remand will be made available to the examiner, who will acknowledge receipt and review of these materials.

After review of the record and examination of the Veteran, the examiner is asked to respond to the following: 

(a)	Clearly indicate all foot conditions associated with the service-connected left foot metatarsalgia, status-post surgeries x 2.  (See August 2015 VA examination report but see November 2017 private letter from a doctor with UPMC and a July 2021 DBQ).    

(b)	In answering section (a), specifically address the Veteran's left foot pes planus, pes plantar valgus deformity, plantar fasciitis, arthritis or arthrosis of the foot and/or toes, to include the 2nd, 3rd and 4th MTPs.  Are any of these conditions considered a progression of the already service-connected left foot metatarsalgia, status-post surgeries?

If any left foot conditions are not associated with the service-connected metatarsalgia, please explain why this is so.  

2.  Thereafter, re-adjudicate the remanded claim, with consideration of whether a higher and/or separate rating is warranted.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Yaffe, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.