Citation Nr: 1407005 Decision Date: 02/19/14 Archive Date: 03/04/14 DOCKET NO. 11-24 166 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Milwaukee, Wisconsin THE ISSUE Entitlement to service connection for a right foot disorder. REPRESENTATION Appellant represented by: National Association for Black Veterans, Inc. WITNESS AT HEARING ON APPEAL The Appellant ATTORNEY FOR THE BOARD A. Johnson, Associate Counsel INTRODUCTION The Appellant had a verified period of active duty for training in the Army from January 2, 1977 to January 25, 1977. This appeal comes to the Board of Veterans' Appeals (Board) from a February 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Milwaukee, Wisconsin. In June 2012 the Appellant appeared and provided testimony before the undersigned Veterans Law Judge (VLJ). A transcript of that hearing is associated with the claims file. In reviewing this case the Board has not only reviewed the Appellant's physical claims file, but also his file on the "Virtual VA" and "VBMS" systems to ensure 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 Appellant if further action is required. REMAND The Appellant is seeking service connection for a right foot disorder. Remand is required for further development of this issue, and the case is REMANDED for the following actions: 1. After obtaining the proper authorization from the Appellant, obtain all available private medical records from the following medical facilities. Any negative response must be documented in the claims folder. a) Obtain any available records from Milwaukee County Hospital, now Frodert Hospital, in Milwaukee, especially any available records from the summer of 1977. b) Obtain any available records from Aurora St. Luke's in Milwaukee, especially any emergency room records. 2. Request the Appellant submit a list of all post-service employers, including Genesis Substance Abuse Rehabilitation. After obtaining the proper authorization from the Appellant, obtain all available records from any pre-employment physical examination from each identified employer. Any negative response must be documented in the claims folder. 3. AFTER ASSOCIATING THE PRIVATE MEDICAL AND EMPLOYER RECORDS WITH THE CLAIMS FILE OR VIRTUAL VA ELECTRONIC FILING SYSTEMS, provide the Appellant with a VA examination. The examiner should be provided with a full copy of the claims file, and a complete explanation must be provided for any opinion expressed. Based on the medical and factual history, the examiner should address the following questions: Given the Appellant's absence of the second toe of the right foot which preexisted his 23 days of active duty in January 1977, was the Appellant's preexisting toe disorder (a missing toe) permanently aggravated (increased in disability) by his period of active duty for training or was any increase in disability due to the natural progression of his pre-existing disorder? 4. Then, readjudicate the appeal. If the appeal remains denied, provide the Appellant with a supplemental statement of the case and allow an appropriate time for response. The Appellant has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). THE APPELLANT IS ADVISED THAT VA's duty to assist is not boundless in its scope. Golz v. Shinseki, 590 F.3d 1317, 1320 (Fed. Cir. 2010). The claimant has the responsibility to "adequately identify" those records and authorize VA to obtain them. Loving v. Nicholson, 19 Vet. App. 96, 102-03 (2005). VA is not required to develop the claim with the claimant performing only a passive role. Turk v. Peake, 21 Vet. App. 565, 568 (2008). THE VETERAN IS ADVISED that he must fully cooperate in this effort. The duty to assist in the development and the adjudication of a claim is not a one-way street. Wamhoff v. Brown, 8 Vet. App. 517 (1996); Zarycki v. Brown, 6 Vet. App. 91 (1993); Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Further under the law, a claimant has a responsibility to present and support a claim for benefits under laws administered by the VA. 38 U.S.C.A. § 5107(a). IF THE VETERAN DOES NOT FULLY COOPERATE, THE CLAIM WILL BE DECIDED ON THE BASIS OF THE EVIDENCE OF RECORD AND MAY BE DENIED. (CONTINED ON NEXT PAGE) 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. 2013). _________________________________________________ VITO A. CLEMENTI 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) (2013).