Citation Nr: 21029890
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 18-21 229
DATE: May 17, 2021

REMANDED

Entitlement to a disability rating in excess of 20 percent for residuals of a left foot bunionectomy, to include flatfoot, hammertoes and hallux valgus is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the United States Army from February 1983 to December 1988.

In March 2021, the Veteran testified before the undersigned at a Board hearing held via videoconference.  A transcript of that hearing is of record.

1. Entitlement to a disability rating in excess of 20 percent for residuals of a left foot bunionectomy, to include flatfoot, hammertoes and hallux valgus remanded.

The Veteran claims entitlement to a disability rating in excess of 20 percent for residuals of a left foot bunionectomy.  The Veteran's left foot disability was evaluated under Diagnostic Code 5280-5284.

Diagnostic Code 5280 allows for a maximum 10 percent rating for hallux valgus, unilateral, operated with resection of metatarsal head, or for severe hallux valgus, if equivalent to amputation of great toe.  38 C.F.R. § 4.73, Diagnostic Code 5280. This is the highest rating available under this diagnostic code.

Diagnostic Code 5284 states that a moderate foot injury warrants a 10 percent rating, a moderately severe foot injury warrants a 20 percent rating, and a severe foot injury warrants a maximum 30 percent rating.  However, a note states that actual loss of use of the foot warrants a 40 percent rating.  38 C.F.R. § 4.73, Diagnostic Code 5284. 

The Veteran's most recent foot conditions examinations were completed in August 2017 and September 2017.  At a March 2021 hearing, the Veteran testified that the symptoms of her disability have increased significantly since the 2017 examinations.  The Veteran testified specifically that she is developing mallet toe and now has radiating pain up her left leg.  Given the above, the Board finds that the severity of the Veteran's left foot disability may have worsened, and a that new VA examination is thereby necessary to determine the current disability evaluation of the Veteran's service-connected left foot bunionectomy.  See Weggenmann v. Brown, 5 Vet. App. 281, 284 (1993).  

Accordingly, the matter is REMANDED for the following action:

1. Schedule the Veteran for a VA foot conditions examination to determine the current severity of her service-connected adjustment disorder.  The entire claims file and a copy of this remand must be made available to the examiner for review. 

All pertinent symptomatology and findings must be reported in detail.

2. After all completed development, the AOJ should then readjudicate the claim.  If the benefits sought on appeal are not granted, the Veteran and his representative should be provided a Supplemental Statement of the Case and afforded the requisite opportunity to respond before the case is returned to the Board.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Riordan, 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.