Citation Nr: 21009543 Decision Date: 02/22/21 Archive Date: 02/22/21 DOCKET NO. 15-26 489 DATE: February 22, 2021 REMANDED Entitlement to an initial compensable rating for hallux limitus status post cheilectomy with scar of the right foot is remanded. REASONS FOR REMAND The Veteran had active service from June 2007 to June 2011. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In the July 2015 VA Form 9, the Veteran requested a Board hearing. His requested hearing was scheduled in July 2019, but he failed to appear for the hearing. He has not asked that the hearing be rescheduled, and he has not offered an explanation as to why he did not appear for the hearing. Under these circumstances, his hearing request is considered withdrawn. 38 C.F.R. § 20.702. As such, the Board proceeds in adjudicating this matter. Initial compensable rating for the service-connected right foot disability The Veteran was most recently accorded a VA examination in January 2012. At that time, he reported constant right toe pain. The examiner confirmed the diagnosis of right foot hallux limitus cheilectomy but found no evidence of pain upon palpation of the anteromedial aspect of the heel (with passive dorsiflexion of the toes or with standing or walking on the toes) or any tightness of the achilles tendon. Since that most recent VA examination, the Veteran has complained of loss of motion at the right first metatarsophalangeal joint (MTPJ) with significant pain with ambulation. Further, he reported continued reduced motion and pain to this joint. See June 2012 Lake City VA Medical Center Podiatry Note. Based on this evidentiary posture, the Board finds that a remand for a current VA examination is necessary. When a claimant asserts, or the evidence shows, that the severity of a disability has increased since the most recent rating examination, an additional examination is appropriate. Snuffer v. Gober, 10 Vet. App. 400 (1997). Accordingly, a remand is necessary to accord the Veteran a new examination addressing the current severity of his service-connected right foot condition. Additionally, the Board notes that the most recent VA treatment records are dated in January 2017. On remand, any outstanding VA and private treatment records should be associated with the claims file. Accordingly, this matter is REMANDED for the following action: 1. Identify and obtain any outstanding VA and private treatment records, to include VA treatment records from January 2017 to the present and associate them with the claims file. All requests and responses for the records must be documented. If any identified records cannot be obtained, notify the Veteran of the missing records, the efforts taken, and any further efforts that will be made by VA to obtain such evidence, and allow him an opportunity to provide the missing records. 2. Then, schedule the Veteran for an appropriate VA examination to determine the nature and current severity of his service-connected hallux limitus status post cheilectomy with scar of the right foot. The entire claims file must be made available to, and be reviewed by, the examiner. Any indicated tests and studies must be accomplished, and all clinical findings must be reported in detail. Following review of the claims folder, an interview with the Veteran, and completion of any testing deemed necessary, the examiner should discuss the presence (including frequency and severity) or absence of symptoms associated with the Veteran's service-connected right foot condition. Also, the examiner should annotate in the examination report the size of the Veteran’s right foot scar as well as any symptoms associated with this scarring (to include, but not limited to, pain and tenderness). Complete rationale for all opinions should be provided, and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. If an opinion cannot be provided without resorting to mere speculation, the examiner must provide a complete explanation as to why an opinion cannot be rendered. In so doing, the examiner must explain whether the inability to provide a more definitive opinion is the result of a need for additional information, or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question. No action is required of the Veteran until he is notified by VA. However, he is advised of his obligation to cooperate in ensuring the duty to assist is satisfied. Kowalski v. Nicholson, 19 Vet. App. 171 (2005). His failure to report for a VA medical examination may impact the determination made. 38 C.F.R. § 3.655. The Veteran also is advised that he has the right to submit additional evidence and (CONTINUED ON NEXT PAGE) argument with respect to this matter. Kutscherousky v. West, 12 Vet. App. 369 (1999). This appeal must be afforded prompt treatment. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. R. Bobb, 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.