Citation Nr: 22015012 Decision Date: 03/16/22 Archive Date: 03/16/22 DOCKET NO. 17-06 957 DATE: March 16, 2022 REMANDED Entitlement to a compensable rating for residuals of a right fifth metatarsal fracture prior to October 15, 2018, and in excess of 10 percent from October 15, 2018, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 2001 to October 2005. 1. Entitlement to a compensable rating for residuals of a right fifth metatarsal fracture prior to October 15, 2018, and in excess of 10 percent from October 15, 2018, is remanded. The Veteran was last examined by VA for his service-connected residuals of a right fifth metatarsal fracture, in October 2018, over three years ago. The mere passage of time, alone, is not sufficient to trigger a remand for another examination. See Palczewski v. Nicholson, 21 Vet. App. 174 (2007). However, VA's duty to assist a veteran includes the duty to conduct a thorough and contemporaneous examination so that the evaluation of the disability will be a fully informed one. See Green v. Derwinski, 1 Vet. App. 121, 124 (1991). In this regard, the October 2018 examination report did not provide range of motion testing in degrees for active motion and passive motion, and pain with weight-bearing and without weight-bearing. Correia v. McDonald, 28 Vet. App. 158, 168 (2016). Given the gap in time since the last examination addressing the severity of the Veteran's service-connected residuals of a right fifth metatarsal fracture, as well the deficiency noted in the prior examination report, the Board finds that a new VA examination addressing the Veteran's service-connected residuals of a right fifth metatarsal fracture, is warranted. In addition, in light of the remand for the above matter, updated VA treatment records and private medical records should be obtained. This matter is REMANDED for the following actions: 1. Obtain any of the Veteran's updated VA treatment records, from October 2018 to the present. 2. Ask the Veteran to complete a VA Form 21-4142 for outstanding records for any relevant private medical providers. Make two requests for the authorized records from any identified medical providers, unless it is clear after the first request that a second request would be futile. 3. Schedule the Veteran for an examination by an appropriate examiner to determine the current severity of his service-connected residuals of a right fifth metatarsal fracture. 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. In so doing, the examiner must test the Veteran's active motion, passive motion, and pain with weight-bearing and without weight-bearing, and, if possible, provide range of motion measurements of the opposite undamaged joint. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner does not have the knowledge or training. 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 based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups based on the other evidence of record and the Veteran's statements. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner does not have the knowledge or training. 4. Thereafter, readjudicate the issue on appeal. If the benefit sought is not granted, furnish the Veteran and his representative with a supplemental statement of the case and afford them an opportunity to respond before the record is returned to the Board for further review. M. ESPINOZA Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Q. Hernan, Attorney Advisor 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.