Citation Nr: 21069043 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 18-49 739 DATE: November 17, 2021 REMANDED Entitlement to an increased rating for bipartite sesamoid bone of the right big toe is remanded. Entitlement to an increased rating for plantar fasciitis of the right foot is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from November 1992 to February 2002. This appeal comes before the Board of Veterans' Appeals (Board) from rating decisions in March and May 2016, of a Department of Veterans Affairs (VA) Regional Office (RO). In May 2021, the Veteran testified at a video conference hearing from Montgomery, Alabama, before the undersigned Veterans Law Judge. A transcript of the hearing is available in the record. It should be noted that these claims have a long and complicated procedural history which have been continuously appealed since the Veteran's initial claims for service connection in June 2005. The procedural history includes several previous Board decisions discussing service connection for each claimed condition. The Veteran is presently assigned a 100 percent total disability rating from April 27, 2018. 1. Entitlement to an increased rating for bipartite sesamoid bone of the right big toe is remanded. The Veteran seeks an increased evaluation for his service-connected right great toe bipartite sesamoid bone disability. The Veteran has repeatedly asserted pain in his right great toe since the initial filing of his claim in 2005. See, e.g., June 2005 VA Form 21-4138; December 2006 Correspondence. He has requested a rating of up to 30 percent. See June 2016 Notice of Disagreement. At a hearing before the Board in May 2021, the Veteran repeated his previous assertion of pain in his right great toe. He additionally argued that the condition had worsened since his last VA examination was afforded in June 2017. See May 2021 Hearing Transcript, p. 2. Remand is necessary for an examination to assess the present level of severity of the Veteran's right great toe disability. 38 C.F.R. § 3.327. 2. Entitlement to an increased rating for plantar fasciitis of the right foot is remanded. The Veteran seeks an increased evaluation for his service-connected right foot plantar fasciitis. He has asserted pain in his right foot since initially filing his claim in 2005. See, e.g., June 2005 VA Form 21-4138. He has requested a rating of up to 20 percent. See May 2021 Hearing Transcript, p. 17. At his hearing before the Board, the Veteran repeated his previous assertions of functional loss due to foot pain. He added that his condition had worsened since his last VA examination in June 2017. See id. at 2. Remand is necessary for an examination to assess the present level of severity of the Veteran's right foot plantar fasciitis disability. 38 C.F.R. § 3.327. These matters are REMANDED for the following action: Schedule the Veteran for a VA examination to determine the present level of severity of his right great toe bipartite sesamoid bone disability and right foot plantar fasciitis disability. The examiner should indicate review of the Veteran's complete claim file, including his lay statements and his hearing before the Board in May 2021 and his past lay statements asserting pain and worsening of his conditions. (a.) Range of motion should be reported, including whether and the extent to which such motion is affected by pain, weakness, fatigue, lack of endurance, incoordination or other symptoms resulting in functional loss. (b.) Based on a review of the medical records, lay statements submitted in support of the claim, and/or statements elicited from the Veteran during examination, state whether the Veteran experiences flare-ups of his service-connected right great toe bipartite sesamoid bone disability and his right foot plantar fasciitis disability, and how he characterizes additional functional loss during a flare-up. (c.) If the Veteran describes experiencing flare-ups, the examiner should identify the frequency, duration, precipitating factors and alleviating factors of such flare-ups, and state whether such flare-ups result in additional loss of range of motion or other functional loss. All opinions should be based on a complete review of the record including the Veteran's lay assertions. If the examiner cannot provide any requested opinions without resorting to speculation, he/she should explain why an opinion cannot be provided (e.g. lack of sufficient information / evidence in this case, or a lack of knowledge among the medical community at large, or insufficient knowledge of the individual examiner). Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Hermsdorfer, Associate 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.