Citation Nr: 21074923
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 19-09 882
DATE: December 16, 2021

REMANDED

Entitlement to a rating in excess of 50 percent for bilateral pes planus, to include plantar fasciitis, is remanded.

Entitlement to a compensable rating prior to March 26, 2019 and in excess of 30 percent from March 26, 2019 and thereafter, for seborrheic dermatitis is remanded.

REASONS FOR REMAND

The Veteran served active duty in the United States Army from June 2010 to June 2012. 

In December 2021, the Veteran testified before the undersigned Veterans Law Judge at a Video Conference hearing.  

1. A rating in excess of 50 percent for bilateral pes planus, to include plantar fasciitis, is remanded.

The Veteran contends that her service-connected bilateral pes planus is such that a rating in excess of 50 percent is warranted.

The Board notes that the Veteran has a maximum 50 percent rating for bilateral pes planus.  However, at the December 2021 Board hearing, the Veteran asserted that her foot condition has worsened, and a separate compensable rating was warranted for bilateral plantar fasciitis.  A remand is necessary to determine whether the severity of the Veteran's foot disability is such that a compensable rating is warranted under Diagnostic Code 5269 for plantar fasciitis under the amended musculoskeletal rating criteria, effective February 7, 2021.

2. A compensable rating prior to March 25, 2019 and in excess of 30 percent from March 26, 2019 and thereafter, for seborrheic dermatitis is remanded.

The Veteran contends that her service-connected seborrheic dermatitis is such that a higher rating is warranted. 

The Veteran's last VA examination for her skin condition was August 2020.  At a December 2021 Board hearing, the Veteran reported that her skin condition has worsened since her last examination.  The Veteran has stated that her hair has not grown, and treatments have been ineffective long term.  A remand is necessary to determine the current severity of the Veteran's seborrheic dermatitis.

The matters are REMANDED for the following action:

1. Schedule the Veteran with an appropriate examiner(s) to determine the current severity of the Veteran's service-connected bilateral foot disabilities and seborrheic dermatitis.  The claims file must be made available to and reviewed by the examiner(s) for the pertinent medical and other history.  The examiner(s) shall consider all other medical records associated with this file during review.  The examiner(s) is asked to offer an opinion on the following:

a.  Determine the severity of the Veteran's bilateral pes planus and bilateral plantar fasciitis.  All necessary diagnostic testing and evaluation should be performed, and all findings set forth in detail, utilizing the most up-to-date Disability Benefits Questionnaire.

b.  Determine the severity of the Veteran's seborrheic dermatitis.  All necessary diagnostic testing and evaluation should be performed, and all findings set forth in detail, utilizing the most up-to-date Disability Benefits Questionnaire.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Ford

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.