Citation Nr: 20005152 Decision Date: 01/22/20 Archive Date: 01/22/20 DOCKET NO. 19-10 982 DATE: January 22, 2020 REMANDED The claim of entitlement to service connection for Morton’s neuroma with metatarsalgia, both feet, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1976 to August 1979. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board finds that remand is appropriate for further development. First, remand is required to obtain outstanding records of treatment. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). This case essentially hinges on the Veteran’s contention that he has had foot symptoms that date back to his service. See March 2019 VA Form 9. The record presently contains VA treatment records dating back to 1999, but the evidence suggests chronic symptoms that predate these records. For instance, a January 2002 VA treatment record indicates that the Veteran had been on disability with the State of Colorado for five years secondary to foot pain. A September 1999 VA treatment record also indicates that the Veteran had undergone bilateral foot surgery in 1995, which would indicate that symptoms predated the surgery itself. There have been no attempts to obtain records of treatment prior to 1999, and the Board finds that such attempts should be made on remand. 38 C.F.R. § 3.159(c)(1). In addition, there is nothing to suggest the Veteran first started receiving VA care in 1999, so additional attempts should be made to obtain outstanding VA treatment records from before this date. Second, the Board finds that an addendum medical opinion is warranted on remand. Where VA provides the veteran with an examination in a service connection claim, the examination must be adequate. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). In June 2017, a VA examiner opined that the Veteran’s bilateral foot disability is less likely than not incurred in caused by an injury sustained during service due to, in part, the lack of foot symptoms post service until the Veteran’s foot pain had started five years before a January 2002 VA treatment record, which places the onset of foot pain at 18 years post-service, making it more likely that the disorders were due to his years working as correctional officer, which requires a lot of walking. As discussed above, however, the record suggest that the onset of foot symptoms was before 1997, or five years before the January 2002 VA treatment. The record indicates the Veteran underwent foot surgery in 1995, approximately 16 years after the Veteran’s separation from service. Regardless, clarification as to this point is necessary. The matters are REMANDED for the following action: 1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment. In particular, efforts should be made to obtain outstanding records of VA treatment that predate July 1999. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified and this should be documented for the record. Required notice must be provided to the Veteran and his or her representative. 2. Contact the Veteran and afford him the opportunity to identify by name, address and dates of treatment or examination any relevant medical records. Efforts should be made to identify and obtain private sources of evidence from the Veteran’s time serving as a correctional officer following his separation from service in 1979. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. 3. After any additional records are associated with the claims file, obtain an addendum opinion regarding the etiology of the Veteran’s bilateral foot disorders from a VA examiner. The entire claims file must be made available to and be reviewed by the examiner. If an examination is deemed necessary, it shall be provided. An explanation for all opinions expressed must be provided. The examiner must provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s bilateral foot disorders had onset in, or are otherwise related to, active service. The examiner must specifically address the following: 1) the Veteran’s competent statements describing foot symptoms since service; 2) records of foot pain/symptoms documented in a September 1976 service treatment record; 3) any post-service treatment records showing foot symptoms; and 4) VA treatment records suggesting a chronic history of foot pain and, among other things, a bilateral foot surgery in 1995. Rachel Erdheim Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Steve Ginski, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.