Citation Nr: 1035697 Decision Date: 09/21/10 Archive Date: 09/28/10 DOCKET NO. 04-35 699 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUE Entitlement to service connection for a bilateral foot disorder. REPRESENTATION Appellant represented by: Daniel S. Krasnegor, Attorney ATTORNEY FOR THE BOARD T. Hal Smith, Counsel (An issue classified as "whether the issue of entitlement to a separate compensable rating for uterine fibroids is on appeal" is the subject of a separate Board decision). INTRODUCTION The Veteran served on active duty from August 25, 1989, to December 8, 1989. In October 2007 the Board addressed the following issues: whether new and material evidence has been received to reopen a claim for service connection for bilateral plantar fasciitis with hallux abductovalgus deformities (claimed as bilateral foot condition), and, if so, whether service connection is now warranted; entitlement to service connection for an acquired psychiatric disorder, claimed as secondary to service-connected status post abdominal hysterectomy and right ovary removal; and entitlement to a rating in excess of 30 percent for status post abdominal hysterectomy due to symptomatic uterine fibroids with residual scars. In the October 2007 Board decision, it was determined that evidence received subsequent to the Board's January 2003 decision raised a reasonable possibility of substantiating the bilateral foot claim. In the REMAND portion of the Board's decision, it was determined that additional development was warranted regarding that claim, as well as the claim for service connection for an acquired psychiatric disorder. In a September 2009 Board decision, the claim for service connection for an acquired psychiatric disorder was again remanded for additional development. The claim for service connection for a bilateral foot disorder was denied. The Veteran appealed to the United States Court of Appeals for Veterans Claims (CAVC). In an October 2009 Memorandum Decision, the Court determined, in part, that the claim for service connection for an acquired psychiatric disorder, claimed as secondary to service- connected status post abdominal hysterectomy and right ovary removal was dismissed for lack of jurisdiction. It was pointed out that as no final Board decision had been issued as to the claim for service connection for an acquired psychiatric disorder. That issue remains in appellate status. Similarly, the Court noted that no final Board decision had been issued as to the claim for service connection for a bilateral foot condition. That claim was also dismissed for lack of jurisdicition. The Board notes, however, that as noted above, the Board had issued a final denial of the claim for service connection for a bilateral foot disorder in September 2009. In March 2010, the Veteran again appealed to the CAVC, and in a March 2010 Order, the Court granted the VA General Counsel's and Appellant's Joint Motion For Remand as to the issue of entitlement to service connection for a bilateral foot disorder. The Board's decision was vacated and the Veteran's claim was remanded to the Board. This issue alone will be addressed in this decision. Additional developments provided by the October 2009 Memorandum Decision include that the Board's decision denying the Appellant's claim seeking an increased rating for status post abdominal hysterectomy due to symptomatic uterine fibroids with residuals scars was affirmed. That issue is no longer on appeal. The issue for consideration in the appeal is the claim for a separate compensable rating for uterine fibroids. The Court REMANDED this issue to the Board to provide adequate reasons or bases for its finding that the claim for an increased rating due to uterine fibroids was not on appeal or to adjudicate the matter, as appropriate, with an adequate statement of reasons or bases. That issue is addressed in a separate Board decision. The appeal is REMANDED to the RO for additional development. VA will notify the Appellant if further action is required. REMAND A preliminary review of the record discloses a need for further development prior to final appellate review. 38 C.F.R. § 19.9 (2009). The Veteran contends, in essence, that her bilateral foot condition is of service origin. It has been asserted that there are private medical records that are pertinent to her claim which have not been obtained. Thus, in the remand instruction below, it is concluded that attempt should be made to obtain private medical records which might be beneficial to the Veteran's claim for service connection for a bilateral foot disorder. 38 C.F.R. § 3.159(c)(1)(2) (2009). Accordingly, the case is REMANDED for the following action: With any necessary authorization from the Veteran, the AMC/RO should attempt to obtain copies of pertinent treatment records identified by the Veteran that are not currently of record. This includes an attempt to obtain treatment records from the Albemarle Orthotics & Prosthetics at 321 S. Colony Avenue in Ahoskie, North Carolina 27910. All efforts to obtain these records must be documented in the claims file. If any records cannot be obtained, it should be so stated, and Veteran is to be informed of such. If pertinent records are received, the AMC/RO should ensure that VCAA examination and medical opinion requirements under 38 C.F.R. § 3.159(c)(4) are met as to this issue. The Appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2009). _________________________________________________ MICHAEL D. LYON Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2009).