Citation Nr: 21008807 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 13-23 337 DATE: February 18, 2021 REMANDED The appeal for a disability rating greater than 10 percent for calluses of both feet is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1968 to October 1970. He was awarded the Vietnam Campaign Medal in connection with his service in Vietnam. This appeal comes before the Board of Veterans’ Appeals (Board) from a May 2011 Regional Office/Agency of Original Jurisdiction (AOJ) decision. The Veteran provided sworn testimony in support of his appeal during a May 2016 videoconference hearing before the undersigned Veterans Law Judge. The transcript of this hearing was included in his claims file and has been considered in each of the Board decisions and remands since then. The Board remanded the case in September 2016, February 2019, and most recently in November 2020. Unfortunately, the appeal for entitlement to a disability rating greater than 10 percent for calluses of both feet, must be remanded again. In the prior remands, the Board requested that the AOJ obtain outstanding private treatment records for association with the claims file and review by adjudicators. Since review of the Veteran’s VA treatment records indicates that he receives private podiatric care, through the VA Choice program, private podiatry records are highly relevant to the appeal. Even though the VA pays for the Veteran’s private podiatric care, the Veteran must authorize the release of the records, and the records must be requested separately, as with all private treatment records. Upon remand, the AOJ requested the Veteran to identify his private podiatric treatment and execute a release for the records for review by VA adjudicators. The Veteran responded promptly, indicating that all of his recent private treatment had been accomplished under the auspices of VA, and that VA should be aware of such treatment. Because either the Veteran does not recall where he has received private podiatric and orthopedic treatment, or does not fully appreciate the necessity for him to authorize the release of these records, the Board is of the opinion that another approach is necessary to fully develop this claim. Upon remand, the AOJ should contact the medical administration personnel who have facilitated the Veteran’s treatment under the VA Choice program, to request a list of all podiatric and orthopedic treatment provided to the Veteran during the appeal period. After obtaining a comprehensive list of providers, the AOJ should solicit a release of information for each provider from the Veteran. The Veteran’s calluses are currently rated under a combined Diagnostic Code 7819-7824, which pertains to rating skin impairment. The Veteran’s primary argument for a higher disability rating, however, is that his calluses are painful and interfere with ambulation, which is a functional limitation not addressed in the Diagnostic Codes pertaining to skin problems. Based upon this contention, in written argument of September 2020, the Veteran’s representative suggested that extra-schedular consideration is appropriate in this case. Therefore, in the November 2020 remand, the Board ordered that the AOJ should specifically review the representative’s argument and make a determination as to whether the Veteran’s claim for an increased rating for his service-connected calluses should be referred to VA's Director of Compensation Service for extraschedular consideration. Review of the record shows that the AOJ did not do this. Thus, another remand is required for this reason as well. Where the record before the Board is inadequate to render a fully informed decision, a remand to the AOJ is required in order to fulfill its statutory duty to assist the Veteran to develop the facts pertinent to the claim. Furthermore, the AOJ is required to fully complete the development ordered by the Board. Stegall v. West, 11 Vet. App. 268 (1998); Ascherl v. Brown, 4 Vet. App. 371, 377 (1993). As the appeal must be remanded, the Veteran’s VA treatment records should be updated for the record as well. The matters are REMANDED for the following action: 1. The AOJ should work with the medical administration service of the Veterans Health Administration to obtain the complete names and addresses of the care providers who have treated the Veteran’s calluses, foot pain, and ambulation difficulties since January 2009. After obtaining this information, the AOJ should provide the Veteran with the names, addresses, and the appropriate release of information forms, so that he can approve the release of these medical records to VA. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile. 2. AFTER reviewing any newly received podiatric records, the AOJ should determine whether additional evidentiary development, such as additional medical opinion, is required. If so, such development should be accomplished prior to further review. 3. Thereafter, readjudicate the schedular claim, and prepare a formal memorandum for the file regarding whether the claim for an increased rating for his service-connected calluses should be referred to VA's Director of Compensation Service for extraschedular consideration. If the benefit sought on appeal remains denied, furnish the Veteran and his representative a supplemental statement of the case. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Heather J. Harter, 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.