Citation Nr: 21015753
Decision Date: 03/18/21	Archive Date: 03/18/21

DOCKET NO. 14-24 724A
DATE: March 18, 2021

REMANDED

Entitlement to an initial evaluation in excess of 10 percent for residuals of second metatarsal fracture of the left foot is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from September 1987 to September 1991.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision by the Montgomery, Alabama Regional Office (RO) of the United States Department of Veterans Affairs.

This issue was previously before the Board in May 2018 at which time it was remanded for additional development.  The Board finds that there was not substantial compliance with its May 2018 remand orders and that another remand of the issue is necessary.  See Stegall v. West, 11 Vet. App. 268 (1998).

In its May 2018 remand, the Board directed the RO to schedule the Veteran for an examination to determine the current nature and severity of his service-connected left foot disability.  The examiner was asked to describe the nature and extent of the Veteran’s service-connected left foot disability, to include orthopedic and neurologic manifestations.  

The Veteran underwent a VA contract foot examination in May 2019.  The VA examiner noted the Veteran’s diagnosis of status post fracture 2nd metatarsal, left foot.  The findings of the examination primarily relate to nonservice-connected foot disabilities.  No findings specifically related to residuals of the 2nd metatarsal were recorded; no information was recorded in Section IX, malunion or nonunion of tarsal or metatarsal bones on the foot conditions disability benefits questionnaire form.  

The Board finds that this examination is inadequate for adjudication purposes.  On remand, the Veteran should be afforded a VA examination and an opinion should be provided that specifically identifies the current nature and severity of the Veteran’s service-connected residuals, 2nd left metatarsal fracture, to comply with the Board’s prior remand instructions.  Stegall v. West, 11 Vet. App. 268, 271 (1998).   

The matters are REMANDED for the following action:

1. Schedule the Veteran for an appropriate examination to ascertain the current level and severity of the residuals of his left 2nd metatarsal fracture.  

The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s residuals, left 2nd metatarsal fracture under the rating criteria.  Both orthopedic and neurological manifestations, if any, should be identified.

In addition to all findings identified on the appropriate examination form, the examiner should conduct range of motion testing and provide commentary regarding symptoms including painful motion, functional loss due to pain, and flare-ups.   

2. Then, readjudicate the remanded issue.  If the benefit sought remains denied, the Veteran and his representative should be provided with a supplemental statement of the case.  The case should then be returned to the Board for appellate review if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. M. Lunger, 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.