Citation Nr: 21072424
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 16-48 517
DATE: December 3, 2021

REMANDED

Entitlement to a disability rating in excess of 10 percent for right knee degenerative arthritis is remanded.

Entitlement to a disability rating in excess of 10 percent for residuals, fracture, proximal phalanx of the 2nd, 3rd, and 4th toe, right foot (right foot disability) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 2000 to October 2002.

These matters are before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision by the Department of Veteran Affairs (VA) Regional Office (RO).  In August 2016, the Veteran submitted a Notice of Disagreement with the May 2018 rating decision.  This case was previously before the Board in June 2021.  At that time, the Board remanded the case for additional development.  For the reasons discussed below, another remand is required.  See Stegall v. West, 11. Vet. App. 268 (1998).

1. Entitlement to a disability rating in excess of 10 percent for right knee degenerative arthritis is remanded.

2. Entitlement to a disability rating in excess of 10 percent for a right foot disability is remanded.

In the June 2021 decision, the Board remanded these issues for the RO to schedule the Veteran for new examinations for his right knee and right foot.  In July 2021, the Veteran had VA examinations.  However, in an October 2021 statement, the Veteran wrote that his service-connected right knee and right foot had worsened.  Additionally, he wrote that he bought a brace for his right leg due to the severity of his conditions.  While the July 2021 VA examinations are only a few months old, at the time of those examinations, the Veteran was not using a brace.  The fact that the Veteran is now using a brace is corroborative evidence suggesting that his conditions may have worsened, and new VA examinations are necessary to determine the current nature, severity, and extent of his right knee and right foot disabilities.

The matters are REMANDED for the following actions:

1. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), contact the Veteran for additional information about treatment for his condition and make efforts to obtain all VA and private treatment records concerning these claims.

2. Schedule the Veteran for VA examinations to determine the current severity of his service-connected right knee and right foot.  The claims file must be made available to the examiner for review in connection with the examination.

All indicated tests and studies must be performed in accordance with the pertinent Disability Benefits Questionnaires for these disabilities, and all findings should be set forth in detail.  The examiner should identify all complications and symptoms attributable to the Veteran's service-connected disabilities in accordance with the rating criteria.

3. A detailed explanation (rationale) is required for all opinions provided.  (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation.  Providing an opinion or conclusion without a thorough explanation will delay processing of the claim and may also result in a clarification being requested). 

 

David Gratz

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Abrams, 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.