Citation Nr: 21027022
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 16-28 729
DATE: May 4, 2021

REMANDED

Entitlement to a compensable rating for hallux valgus with osteoarthritis of the first metatarsophalangeal joint of the left foot (left foot disability) is remanded.

Entitlement to a compensable rating for hallux valgus with osteoarthritis of the first metatarsophalangeal joint of the right foot (right foot disability) is remanded.

REASONS FOR REMAND

The Veteran had active military service from September 2000 to March 2001 and July 2002 to August 2004. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal of September 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran was last afforded a VA examination for her service-connected left and right foot disabilities in March 2016.  At the time, the Veteran complained of pain, swelling, clicking, and popping in both feet. The VA examiner assessed that the Veteran had very mild bilateral hallux valgus. 

In a December 2020 appellate brief, the Veteran asserted that her symptoms had worsened since the March 2016 VA examination.  The Veteran also indicated that the March 2016 VA examination did not adequately address her symptoms due to her service-connected left and right foot disabilities. 

Therefore, a remand is necessary to afford the Veteran a new VA examination to determine the current severity of her service-connected left and right foot disabilities.  See, e.g., Snuffer v. Gober, 10 Vet. App. 400, 403 (1997) ("Where the appellant complained of increased hearing loss two years after his last audiology examination, VA should have scheduled the appellant for another examination").  

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination to determine the current severity of her service-connected left and right foot disabilities.  All necessary tests should be conducted.  The claims file must be sent to the examiner for review.

The examiner should examine the Veteran and provide findings in accordance with the currently applicable disability benefits questionnaire.  All opinions must be supported by a detailed rationale.

 

 

 

Ashley Castillo

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.