Citation Nr: 21011655
Decision Date: 03/02/21	Archive Date: 03/02/21

DOCKET NO. 15-42 969
DATE: March 2, 2021

REMANDED

Entitlement to an increased rating on an extraschedular basis for bilateral pes planus with plantar fasciitis and calcaneal spur syndrome is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1979 to September 1999.  He received the Air Force Commendation Medal with two devices; Air Force Longevity Service Award with three devices; Air Force Training Ribbon; Air Force Overseas Long Tour Ribbon; National Defense Service Medal; NCO Professional Military Education Ribbon with one device; Air Force Outstanding Unit Award with three devices; and, Air Force Good Conduct Medal with five devices.

Unfortunately, this matter must be remanded because there was not substantial compliance with the Board’s September 2018 remand directive. See Stegall v. West, 11 Vet. App. 268 (1998).  The Agency of Original Jurisdiction (AOJ) was directed to refer the Veteran’s TDIU claim to VA’s Director of Compensation Service for extraschedular consideration pursuant to 38 C.F.R. § 3.321(b)(1).  The AOJ requested the opinion in June 2020, see June 2020 VA Memo, pp. 1-2; however, the Director of Compensation Service did not issue a determination.  Accordingly, the claim is remanded for a determination from the Director of Compensation Service on the question of entitlement to an extraschedular rating for the Veteran’s foot disability.

The matter is REMANDED for the following action:

Refer the Veteran’s increased rating claim for bilateral pes planus with plantar fasciitis and calcaneal spur syndrome to VA’s Director of Compensation Service for extraschedular consideration pursuant to 38 C.F.R. § 3.321(b)(1).

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	W.V. Walker, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.