Citation Nr: 21073444
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 18-47 983
DATE: December 8, 2021

REMANDED

An increased disability rating in excess of 10 percent for gout and degenerative joint disease of the right foot.

An increased disability rating in excess of 10 percent for gout and degenerative joint disease of the left foot.

 

REASONS FOR REMAND

The Veteran served on active duty from June 1974 to March 1977.

The case is on appeal from an August 2015 rating decision.

The Veteran testified at a Board hearing in December 2021.  

1. An increased disability rating in excess of 10 percent for gout and degenerative joint disease of right foot.

2. An increased disability rating in excess of 10 percent for gout and degenerative joint disease of left foot.

At his December 2021 Board hearing, the Veteran indicated that the disabilities have increased in severity since last examined by VA in July 2016.  He also raised the issue of having other diagnoses in each foot, such as pes planus.  He contends that a higher rating should be assigned based on the pes planus.  

The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of the foot disabilities.

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination to assess the severity of his right and left foot disabilities.    

(a.) The examiner should identify all diagnoses in each foot and indicate which are associated with the service-connected gout and degenerative joint disease.  

(b.) The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  To the extent possible, the examiner should distinguish between symptoms associated with each separate diagnosis.

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(c.) Where applicable, the examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing.  If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training).

(d.) The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups.  If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements.  If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training).

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Bosely, 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.