Citation Nr: 1329213 Decision Date: 09/12/13 Archive Date: 09/20/13 DOCKET NO. 10-12 737 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Newark, New Jersey THE ISSUES 1. Entitlement to service connection for a right foot disorder. 2. Entitlement to service connection for a low back disorder, claimed as secondary to a right foot disorder. REPRESENTATION Veteran represented by: National Association of County Veterans Service Officers, Inc. WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD Aaron Bill, Associate Counsel INTRODUCTION The Veteran served on active duty from June 1967 to June 1970. This matter is on appeal from the Newark, New Jersey, Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge in January 2011. A transcript of the hearing is of record. In reviewing this case, the Board has not only reviewed the Veteran's physical claims file, but also his file on the "Virtual VA" system to insure a total review of the evidence. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the Veteran if further action is required. REMAND While further delay is regrettable, the Board has determined that additional development is required prior to adjudicating the Veteran's claims. Specifically, service treatment records reflect that he sustained a fractured right lateral malleolus and lateral distal tibia in 1968. In 2007, he fell off a ladder and sustained a fractured right calcaneus. He contends that an in-service right ankle fracture caused him to fall off a ladder and break his right heel, which in turn has caused his current low back disorder. To date, there is no medical opinion as to whether the in-service fractured ankle caused the fall in 2007 or whether his low back disorder is due to the in- service or post-service fractures or some other cause. Accordingly, the case is REMANDED for the following actions: 1. Schedule the Veteran for examination to address the etiology of his right foot and low back disorders. The entire claims file should be made available to and be reviewed by the examiner, and it should be confirmed that such records were available for review. If the examiner does not have access to electronic medical records, any such relevant treatment records must be printed and associated with the paper claims file so they can be available to the examiner for review. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. If an opinion cannot be provided without resort to speculation, it must be noted in the examination report, and an explanation provided as to why such an opinion cannot be provided. The examiner is asked to address the following: * Describe the Veteran's current right ankle/foot disorders. If the examiner does not find any disorders of the right foot, an explanation must be provided. * Is it at least as likely as not (50 percent or greater probability) that the 1968 in-service fractured lateral malleolus and lateral distal tibia weakened the Veteran's right foot sufficiently to have caused a fall in 2007 resulting in a fractured right calcaneus. * Is it at least as likely as not (50 percent or greater probability) that the low back disorder was either caused by or aggravated by the in- service right ankle fracture or the post-service heel fracture? 2. After completing the above action and any other development as may be indicated by any response received as a consequence of the actions taken in the paragraphs above, the claim must be readjudicated. If the claim remains denied, a supplemental statement of the case must be provided to the Veteran and his representative. After he has had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review. The Veteran has the right to submit additional evidence and argument on the 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. 2012). _________________________________________________ L. HOWELL 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) (2012).