Citation Nr: 18142739
Decision Date: 10/16/18	Archive Date: 10/16/18

DOCKET NO. 15-10 556
DATE:	October 16, 2018
REMANDED
Entitlement to service connection for variously diagnosed bilateral foot disability is remanded.
REASONS FOR REMAND
The appellant is a Veteran who served on active military duty from May 1953 to May 1956.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from a February 2014 rating decision. 
Entitlement to service connection for variously diagnosed bilateral foot disability is remanded.
The Veteran contends he has a bilateral foot disability which resulted from the trauma of multiple parachute jump landings during service.  He was awarded a parachutist badge, and has submitted documentation of the jumps in service.  It is not in dispute that during service he sustained the type of trauma to the feet that is associated with multiple jump landings (some rough as reported).  His service treatment records (STRs) show that in January 1956 he was seen in service for what appears to have been a right big toe injury.  On May 1956 service separation examination his feet were normal on clinical evaluation.  
Diagnoses of foot disabilities noted on October 2013 VA examination and in treatment records include hallux valgus, degenerative arthritis, fasciitis, and hammer toes. The examiner opined that the Veteran’s foot disabilities were less likely than not related to his service, noting in part that there was no documentation of a foot problem in the STRs. As noted above, the STRs document a right big toe injury in January 1956.  Accordingly, that opinion is based on an inaccurate factual premise, and lacks probative value. The provider also did not address the theory of entitlement asserted (that the foot disabilities are due to multiple traumas from jump landings in service, and did not address the Veteran’s reported history of the disability.  Another examination for a fully adequate opinion regarding the etiology of the Veteran’s foot disabilities is necessary.
The matter is REMANDED for the following:
1. Secure for association with the record all outstanding records of VA treatment the Veteran has received for the foot disability (updated to the present). 
2. Then arrange for an orthopedic examination of the Veteran to ascertain the likely etiology of his bilateral foot disability. The entire record must be reviewed by the examiner, and all pertinent findings should be described in detail.  On examination and interview of the Veteran, and review of his record the examiner should respond to the following: 
(a) Identify (by diagnosis) each right and left foot disability entity shown. 
(b) Identify the likely etiology for each foot disability entity diagnosed. Specifically, is it at least as likely as not (a 50% or better probability) that the disability is etiologically related to the Veteran’s service, to include the multiple parachute jumps he completed and the January 1956 injury noted therein?
(c) To the extent possible, Identify the etiology considered more likely for any diagnosed foot disability that is determined to be unrelated to the Veteran’s service, and explain why that is so.
Include rationale with all opinions, citing to supporting factual data/medical literature as deemed appropriate.

 
GEORGE R. SENYK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Robert Cordingley, Associate Counsel