Citation Nr: 25004061 Decision Date: 03/25/25 Archive Date: 03/25/25 DOCKET NO. 20-18 094 DATE: March 25, 2025 REMANDED Entitlement to an initial compensable disability rating for right foot hallux valgus, to include whether a separate evaluation is warranted for the left foot hallux valgus is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1978 to July 1981 and from January 1991 to March 1991. In October 2023, the Board of Veterans' Appeals (Board) denied an initial compensable disability rating for right and left foot hammertoes and denied an initial compensable disability rating for right foot hallux valgus. The Veteran subsequently appealed to the United States Court of Appeals for Veterans Claims (Court). In September 2024, the Court granted the Parties' Joint Motion for Partial Remand; dismissing those portions of the October 2023 Board decision which denied an initial compensable disability rating for right and left foot hammertoe; and remanded the issue of entitlement to an initial compensable disability rating for right foot hallux valgus to the Board for action consistent with the Joint Motion for Partial Remand. 1. Entitlement to an initial compensable disability rating for right foot hallux valgus, to include whether a separate evaluation is warranted for the left foot hallux valgus is remanded. The Joint Motion for Partial Remand states that during the March 2020 VA examination, the Veteran was diagnosed with bilateral hallux valgus. However, despite the examiner diagnosing the Veteran with bilateral hallux valgus, the Board limited its analysis to discussing a compensable rating for right foot hallux valgus only. Therefore, the parties, agreed that a remand is warranted for the Board to provide an adequate statement of reasons or bases that adequately addresses the evidence of bilateral hallux valgus and to determine whether the Veteran is entitled to a compensable rating. In a December 2024 brief, the Veteran's representative indicated that there was an increase in severity with regards to the Veteran's hallux valgus. The Veteran's representative noted that the Veteran is left without relief despite his debilitating physical symptoms and limited mobility. The Veteran emphasized that his condition affects his ability to stand or walk for long periods of time, actions central not only to employment, but to his daily life. As such the Veteran's representative noted that extra-schedular consideration is warranted. After review, the Board finds that a remand is necessary in order to afford the Veteran an updated VA examination so as to determine the current nature and severity of his foot disability. When the Board finds that an extraschedular rating may be warranted, it cannot grant an extraschedular rating in the first instance. Anderson v. Shinseki, 23 Vet. App. 423, 428-429 (2009). Rather, it must remand the claim to the Agency of Original Jurisdiction (AOJ) for referral to the Director of Compensation Service. See Thun v. Peake, 22 Vet. App. 111 (2008), aff'd sub nom. Thun v. Shinseki, 572 F.3d 1366 (Fed. Cir. 2009). For the reasons discussed above, the Board finds that the issue of entitlement to an extraschedular rating for his bilateral foot hallux valgus under 38 C.F.R. § 3.321 (b) must be referred to the Director of Compensation Service for consideration. See 38 C.F.R. § 3.321(b)(1). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination by an examiner with sufficient expertise to determine the current level of severity of his right foot disability, to include whether the assignment of a separate compensable rating for left foot hallux valgus is warranted. The claims file must be made available to, and reviewed by the examiner. All indicated tests and studies must be performed. The examiner must provide all information required for rating purposes for the Veteran's increased rating claim. 2. Thereafter, refer this matter to the Director of Compensation Service for consideration of whether an extraschedular rating for his service-connected hallux valgus disability is warranted pursuant to 38 C.F.R. § 3.321 (b)(1). Ardie A. Bland Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.D. 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.