Citation Nr: 18145650
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 12-14 526A
DATE:	October 29, 2018
REMANDED
Entitlement to service connection for bilateral hallux valgus with bunions is remanded.
Entitlement to service connection for residuals of right ankle sprain is remanded.
REASONS FOR REMAND
The Veteran served on active duty from October 1973 to December 1973. These matters come to the Board of Veterans’ Appeals (Board) on appeal from an October 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
In August 2016, the Veteran testified before the undersigned in a videoconference hearing; a transcript of which is attached to the claims file.
In November 2017, the Board, in pertinent part, denied service connection for bilateral hallux valgus with bunions and residuals of right ankle sprain. The Veteran appealed the Board’s decision to the U.S. Court of Appeals for Veterans Claims (CAVC) and in June 2018, CAVC granted a Joint Motion for Partial Remand (JMR) to vacate the November 2017 Board decision as it pertained to the issues cited above and remanded the case to the Board for further development consistent with the JMR.
Remanded Issues 
Although the Veteran was afforded VA examinations in May 2017, the opinions do not clearly state whether it is the examiner’s opinion that the Veteran’s bilateral hallux valgus and right ankle disorders clearly and unmistakably preexisted his service, and if so, whether they were clearly and unmistakably not aggravated by his service. Rather, the May 2017 opinions basically just contain the examiner’s citation to other people’s findings as to whether the Veteran’s conditions preexisted, as well the examiner’s opinion that the disorders were not aggravated by the Veteran’s service.
The Board finds that, in this case, the May 2017 VA opinions must be clear as to the level of certainty necessitated by law. According to the relevant law, an opinion must be expressed as to whether the Veteran’s claimed bilateral hallux valgus and right ankle disorders clearly and unmistakably preexisted his service, and if so, whether they were clearly and unmistakably not aggravated by his service. The fact that the examiner thinks that the Veteran’s disorders preexisted and were not aggravated by his service, for instance, is not enough, nor are citations to other’s opinions on those matters.
The matters are REMANDED for the following action:
1. Schedule the Veteran for a VA examination(s) to determine the nature and etiology of his bilateral hallux valgus and right ankle disorders. The examiner must review the Veteran’s claims file and note that review in the report. Any indicated studies should be performed. The examiner should provide the following opinions: 
(a)	Did the Veteran’s claimed bilateral hallux valgus and right ankle disorders clearly and unmistakably preexist service, and if so, were the disabilities clearly and unmistakably NOT aggravated by service? 
(b)	If not, are such disorders at least as likely as not (a 50 percent or greater probability) etiologically related to service. If any such disorders are not found to exist presently, the examiner should so explain. 
All opinions must be supported by a detailed rationale and should consider the Veteran’s lay contentions.
 
M. H. HAWLEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Norwood, Associate Counsel