Citation Nr: 22008092 Decision Date: 02/11/22 Archive Date: 02/11/22 DOCKET NO. 16-07 160 DATE: February 11, 2022 REMANDED Entitlement to a rating higher than 10 percent for healed fracture, left third metatarsal with residual pain and swelling is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1983 to October 1986. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a Board hearing before the undersigned Veterans Law Judge in October 2019. As an initial matter, in August 2018 the Veteran submitted a completed form electing to participate in the Rapid Appeals Modernization Program (RAMP). In November 2021, the Board sent the Veteran a letter notifying the Veteran that his appeal had not yet been placed into the modernized appeals system and offered him an opportunity to participate in RAMP by completing the form attached to the letter. The letter further informed the Veteran that if no response was received within 60 days, the Veteran's appeal would remain on the Board's docket for processing in the legacy appeals system. As no response has been received to date, the Board will now proceed with adjudicating the Veteran's claim in the legacy appeals system. The Veteran seeks a rating higher than 10 percent for his service-connected healed fracture, left third metatarsal with residual pain and swelling. The most recent complete examination regarding the severity of the Veteran's disability was in 2013. At the October 2019 Board hearing, the Veteran testified that his condition has worsened, with more pain, swelling, and stiffness, all of which are affecting his ability to balance, stand, and exercise. The Veteran is competent to report these observable symptoms, and in light of this objective evidence of worsening, as well as the substantial amount of time since the Veteran last received a comprehensive examination, the Board finds that remand is necessary in order to provide the Veteran with a new examination assessing the current severity of his disability. 38 C.F.R. § 3.327(a); see Snuffer v. Gober, 10 Vet. App. 400, 403 (1997) (citing Allday v. Brown, 7 Vet. App. 517, 526 (1995)). Accordingly, the matter is REMANDED for the following action: 1. Schedule the Veteran for an examination regarding the current severity of his service-connected healed fracture, left third metatarsal with residual pain and swelling. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examination must conduct complete range-of-motion studies, to include, where appropriate, active motion, passive motion, and weight- and non-weight-bearing. The examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. If it is not possible to provide a specific measurement or an opinion regarding flare-ups, the examiner should provide an estimate of the additional impairment due to flare-ups based on the Veteran's statements and the other evidence of record. 2. After the above development and any other development deemed necessary is completed, readjudicate the Veteran's claim. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Davis, 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.