Citation Nr: 18147701 Decision Date: 11/05/18 Archive Date: 11/05/18 DOCKET NO. 16-41 377 DATE: November 5, 2018 REMANDED Entitlement to service connection for a left foot disability is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1990 to December 1994. The Veteran had additional naval reserve service. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. Entitlement to service connection for left foot disability is remanded. Although the Board regrets the delay, additional development is needed prior to further disposition of the claim for entitlement to service connection for a left foot disability and its residuals. VA’s statutory duty to assist the Veteran includes the duty to conduct a thorough examination so that the evaluation of the claimed disability will be a fully informed one. Green v. Derwinski, 1 Vet. App. 121 (1991); Snuffer v. Gober, 10 Vet. App. 400 (1997). Assistance by VA includes providing a medical examination or obtaining a medical opinion when an examination or opinion is necessary to make a decision on a claim. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4). The Veteran contends that he injured his left foot in September 2003, while actively drilling with the United States Navy Reserve in Miami, Florida. On that day, the Veteran contends that while riding home on his motorcycle, he was “cut off and forced to put [his] bike down.” When he did that, he dropped the bike on his left foot. The Veteran has provided evidence of left foot injury, surgery, and subsequent treatment. However, based on the evidence currently of record, it is unclear at best, that the Veteran is currently experiencing any left foot injury or residual issues based on the reported motorcycle accident. As a result, as part of this remand, the Board is requesting a VA examination to determine the presence of a current diagnosis relating to any residuals of a left foot injury and the etiology of any diagnosed left foot disability. The Board notes that the Veteran’s service personnel records are clear that the Veteran had a period of service from July 1990 to December 1994. However, the record is unclear as to whether the Veteran has had additional periods of active or inactive duty for training during which he incurred left foot trauma. Therefore, VA must contact the National Personnel Records Center (NPRC), the Defense Finance Accounting Service (DFAS), or any other appropriate source to verify the Veteran’s periods of ACDUTRA and INACDUTRA. Additionally, the Board notes that the Veteran has not yet been provided a VA examination concerning the claim for service connection for a left foot disability. Therefore, if the Veteran is found to be on active duty on September 14, 2003, on remand an examination must be scheduled and an opinion as to the etiology of any left foot disability must be requested. McLendon v. Nicholson, 20 Vet. App. 79 (2006); 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4). The matter is REMANDED for the following action: 1. Contact the National Personnel Records Center (NPRC), the Defense Finance Accounting Service (DFAS), and any other appropriate source to verify the Veteran’s periods of ACDUTRA and INACDUTRA. All records and/or responses received should be associated with the claims file. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide the records. 38 U.S.C. § 5103A(b)(2); 38 C.F.R. § 3.159(e). 2. Request the Veteran identify the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who provided treatment for any left foot disability. After securing the necessary releases, attempt to obtain all copies of pertinent treatment records identified by the Veteran that are not currently of record. At a minimum, obtain any outstanding VA treatment records. All attempts to obtain records must be documented in the claims folder. 3. Request copies of any information relating to treatment for a left foot disability while the Veteran was in service. 4. If the Veteran is found to have been on active or inactive duty on September 14, 2003, schedule the Veteran for a VA examination to determine the presence of a current diagnosis relating to a left foot injury, the etiology of any diagnosed left foot disability and if there are any current residuals of a left foot injury. The examiner must review the claims file and should note that review in the report. The examiner should be provided with a list of the Veteran’s verified periods of ACDUTRA and INACDTURA. After reviewing the claims file and performing a left foot evaluation, the examiner should opine whether it is as likely as not (50 percent probability or greater) that any diagnosed left foot disability (including any current residuals) is due to or related to service, or a motorcycle accident on September 14, 2003. A rationale for all opinions expressed must be provided. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Mondesir, Law Clerk