Citation Nr: 18143586 Decision Date: 10/19/18 Archive Date: 10/19/18 DOCKET NO. 13-31 155A DATE: October 19, 2018 REMANDED Entitlement to service connection for a right foot disability is remanded. REASONS FOR REMAND The appellant served in the North Carolina Army National Guard from August 2006 to August 2011 with various periods of inactive duty for training and a period of active duty from July 2007 to November 2007. In May 2017, the appellant testified under oath before the undersigned Veterans Law Judge at a video conference hearing. A transcript of the hearing is of record. In September 2017, appeal was remanded by the Board for further development. Also on appeal at that time were the issues of entitlement to service connection for left and right patellar tendonitis. Subsequent to the Board remand, these two issues were granted in a September 2018 rating decision. Accordingly, they are no longer before the Board. Entitlement to service connection for a right foot disability is remanded. The Board finds that additional development is needed prior to final adjudication of the remaining issue on appeal. First the Board finds that there are outstanding treatment records that must be obtained and associated with the claim file. In November 2017, the appellant’s attorney submitted a statement that the appellant receives current and ongoing medical treatment for her right foot issues. She requested assistance obtaining the medical records and submitted a VA Form 21-4142, which listed D.T., FNP, at L.C.H.C., M.N.H.C., and T.P, DC at D.C.A.C. However, these records are not associated with the claim file and it does not appear that any action has been taken to obtain them. Upon remand, these records should be obtained. In addition, the opinion provided by the October 2017 examiner does not provide sufficient rationale for the conclusions reached. In particular, the Board notes that the examiner does not address the medical evidence of record, nor the appellant’s contentions, including the pain she experienced in service and thereafter. The appellant’s attorney argues that the examination is inadequate and the Board agrees. Accordingly, upon remand, the appellant should be afforded a new VA examination, with a new examiner, to address the etiology of her claimed right foot disability. The matter is REMANDED for the following action: 1. After securing any necessary consent forms from the appellant, obtain any outstanding treatment records, to include any VA and/or private treatment records, pertaining to the issue on appeal. In particular, the Board notes that the appellant receives ongoing medical treatment for her right foot issues and has submitted a VA Form 21-4142, which identified treatment from D.T., FNP, at L.C.H.C., M.N.H.C., and T.P, DC at D.C.A.C. All efforts to obtain these records should be documented in the claim file. If any records could not be obtained, this should be noted in the claim file. 2. Upon completion of the above, schedule the appellant for a VA examination, with a new examiner, to address the etiology of her right foot disability. For each disability diagnosed, the examiner is asked to address whether it is at least as likely as not (i.e., a 50 percent or greater probability) that it was caused by the appellant’s active duty service or, if preexisting service, was aggravated therein. In particular, the examiner is asked to address the medical evidence of record, as well as the appellant’s statements. For all examinations, all necessary development should be taken. The VA examiner should be given access to the claim file. The examiner should state that a review of the claim file was completed. The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions. A detailed rationale is requested for all opinions provided. CONTINUED ON NEXT PAGE 3. If upon completion of the above action the issue is denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. Foster, Associate Counsel