Citation Nr: 21070276
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 19-07 232
DATE: November 23, 2021

REMANDED

Entitlement to a rating higher than 10 percent for right leg exertional compartment syndrome, peripheral neuropathy, status post fasciotomy, is remanded.

Entitlement to a rating higher than 10 percent for left leg exertional compartment syndrome, peripheral neuropathy, status post fasciotomy, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 2000 to August 2004.

This case comes before the Board of Veterans' Appeals (Board) on appeal from an August 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which denied a rating higher than ten percent for his bilateral leg condition. The Board notes that the RO issued a rating decision in April 2021, which inter alia, continued to deny the Veteran's increased rating claims. 

In June 2021, the Veteran testified via videoconference hearing before the undersigned Veterans Law Judge (VLJ). A copy of the transcript has been associated with the Veteran's claim file. The Veteran testified that his service-connected bilateral leg condition has worsened in severity. Specifically, he stated that he is experiencing more leg pain-to include twitching in his feet at night, which keeps him up at night and calf pain, which forces him to wear compression socks. He also reported a loss of sensation. Moreover, he indicated that he has reduced functional capacity, and it hurts him to walk and stand. See June 2021 Board hearing transcript, pp.3-4.

The Veteran most recently underwent a VA examination in April 2021. The examiner noted the Veteran's bilateral compartment syndrome diagnosis, and opined that the Veteran's condition has stayed the same since its onset. The examiner indicated that the Veteran's symptoms related to his condition were no worse than mild in severity. However, the October 2019 VA examiner indicated that the Veteran's bilateral compartment syndrome was worse in severity. For instance, she noted severe constant pain in the Veteran's lower extremities, bilaterally; severe intermittent pain in the Veteran's lower extremities, bilaterally; severe paresthesias and/or dysesthesias in the Veteran's lower extremities, bilaterally; and severe numbness in the Veteran's lower extremities, bilaterally. In light of the above, the medical evidence before the Board is inadequate to determine the functional effects and severity of the symptomatology due to the Veteran's bilateral compartment syndrome. See Barr v. Nicholson, 21 Vet. App. 303 (2007). Moreover, in light of the evidence of possible worsening since the Veteran's last VA examination, remand is warranted for additional examination. See Caluza v. Brown, 7 Vet. App. 498, 505-506 (1995). 

The matter is REMANDED for the following action:

1. Schedule the Veteran for appropriate VA examination to ascertain the current nature and severity of his service-connected bilateral leg exertional compartment syndrome, peripheral neuropathy, status post fasciotomy.

The examiner should consider and discuss the Veteran's June 2021 Board hearing, to include his statements that his condition has worsened in severity, with increased pain, loss of sensation, and reduced functional capacity.

The entire record must be reviewed in conjunction with the examination, and all indicated tests and studies must be conducted.

All pertinent symptomatology and findings should be reported in detail. The examiner should indicate the appropriate severity. All examination findings must be set forth in detail and a complete rationale should be provided for any opinions expressed.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Kovacs, 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.