Citation Nr: 18149130
Decision Date: 11/08/18	Archive Date: 11/08/18

DOCKET NO. 16-35 428
DATE:	November 8, 2018
REMANDED
The issue of whether new and material evidence has been received to reopen the claim of entitlement to service connection for headaches is remanded.
Entitlement to service connection for degenerative joint disease (DJD) of the toes of the right foot is remanded.
Entitlement to service connection for degenerative joint disease of the toes of the left foot is remanded.
Entitlement to service connection for a right wrist disability is remanded.
Entitlement to service connection for a left wrist disability is remanded.
Entitlement to a compensable rating for residuals of an injury of the large toes, both feet, with removal of toenails, is remanded.
Entitlement to a total rating based on individual unemployability due to service connected disability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1979 to August 1983.
The Veteran’s appeals must be remanded because VA failed to request or obtain VA treatment records that the Veteran specifically requested that VA obtain and consider in adjudicating his claims.  In March 2013, the Veteran wrote to VA requesting that his January and February 2013 VA treatment records be obtained and considered.  The Board notes that, although some of the Veteran’s January 2013 VA treatment records had previously been obtained in January 2013, VA did not make any attempt to obtain the Veteran’s VA treatment records for the remainder of January 2013 or for February 2013.  When additional VA treatment records were added to the file in January 2017, only records dated from May 2014 to January 2017 were included.  Accordingly, the Veteran’s claims are remanded to obtain the VA treatment records specified by the Veteran.  
The Veteran must be provided a new VA examination of the toes.  A December 2007 VA examination report contains a diagnosis of degenerative joint disease of both great toes.  A July 2012 VA medical opinion regarding the toes is insufficient.  The VA examiner opined that the Veteran’s DJD of the toes would not be proximately due to or the result of the Veteran’s service-connected bilateral great toenail disability.  However, the VA examiner did not provide any opinion regarding whether the Veteran has DJD of the toes that is directly related to the Veteran’s reported inservice injury of the toes.  The service treatment records discuss an injury to the left great toe.  Accordingly, a new VA examination of the feet must be provided to the Veteran and a new medical opinion obtained.
The new VA examination of the toes should provide a description of the current symptoms of the Veteran’s service-connected bilateral great toe disability.
The matters are REMANDED for the following action:
1. Obtain the Veteran’s VA treatment records dated from January 23, 2013 to May 13, 2014, and from January 10, 2017 to present, as well as any other outstanding medical records, to the extent possible.
2. Afford the Veteran a VA examination of the toes.  The examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater likelihood) the Veteran has DJD of the toes that is related to service, to include the Veteran’s reported inservice trauma to the toes.  The examiner should also provide a description of the Veteran’s current symptoms of the residuals of the Veteran’s service-connected residuals of injury of the left and right large toes with removal of toenails.  

 
G. A. WASIK
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. E. Jones, Counsel