Citation Nr: 20021158 Decision Date: 03/24/20 Archive Date: 03/24/20 DOCKET NO. 16-09 588 DATE: March 24, 2020 REMANDED Entitlement to service connection for a left foot disorder is remanded. Entitlement to service connection for an acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran had active service in the Army from January 1969 to January 1971. The appeal originates from a December 2013 decision of a Department of Veterans Affairs (VA) Regional Office. In February 2020 correspondence, the Veteran contended that VA has been unable to obtain his service treatment records and military personnel records. However, these records were obtained in September 2013. The Veteran was furnished a complete copy of his VA claims folder in January 2017. As such, the Board may adjudicate this matter without any prejudice to the Veteran. 1. Entitlement to service connection for a left foot disorder is remanded. The Veteran contends that he developed a left foot disorder due to breaking his left foot during basic training. See March 2017 Form 9. He underwent a VA examination in July 2013 and was diagnosed with hallux rigidus and degenerative arthritis of the left foot (an etiology opinion was not requested.) Service treatment records do not reflect complaints, treatment, or diagnosis of a left foot disorder. The Veteran denied a history of foot trouble at separation, and his feet were evaluated as normal at that time. Though there is some question as to whether the Veteran broke his left foot in service, he nevertheless reported experiencing in-service left foot symptoms at the examination. As there is evidence of a current disability, in-service symptoms, and an indication that the two may be linked, an etiology opinion should be obtained concerning the left foot. 2. Entitlement to service connection for an acquired psychiatric disorder is remanded. The Veteran contends that he developed an acquired psychiatric disorder due to a variety of in-service stressors, including being subject to psychological and drug testing at Aberdeen Proving Ground (an Army facility) in 1970, being poisoned by a servicemember, and an incident in which an officer tried to rape his wife while he was away at Aberdeen Proving Ground. See May 2019 and February 2020 Correspondence. He underwent a VA examination in July 2013 and was diagnosed with generalized anxiety disorder and primary insomnia (an etiology opinion was not requested.) Military personnel records are silent with respect to the claimed stressors. They show that the Veteran was stationed at Fort Meade throughout 1970 as a medical supply specialist. There is also no record of a poisoning incident or treatment thereof. Though there is some question as to the occurrence of the claimed stressors, the Veteran does report experiencing psychological symptoms during service. As there is evidence of a current disability, in-service symptoms, and an indication that the two may be linked, an etiology opinion should be obtained concerning an acquired psychiatric disorder. The matters are REMANDED for the following action: 1. Provide the claims file to the July 2013 foot examiner, or to another qualified VA examiner if that individual is not available, for the purpose of eliciting an opinion as to the likely etiology of the diagnosed left foot disorder. The chosen examiner is asked to opine whether it is at least as likely as not (50 percent probability or greater) that a left foot disorder had its onset in service or within a year of service discharge or is otherwise etiologically related to active service. The examiner is advised that the claimed in-service left foot breakage is not conceded and therefore the opinion should not be rendered on that basis. Any and all opinions as to etiology must be in the form of a probability, and the examiner must provide a complete rationale for any opinion expressed. 2. Provide the claims file to the July 2013 psychiatric examiner, or to another qualified VA examiner if that individual is not available, for the purpose of eliciting an opinion as to the likely etiology of any diagnosed acquired psychiatric disorder. The chosen examiner is asked to opine whether it is at least as likely as not (50 percent probability or greater) that an acquired psychiatric disorder had its onset in or is otherwise etiologically related to active service. The examiner is advised that the claimed in-service stressors discussed above have not been conceded and therefore the opinion should not be rendered on that basis. Any and all opinions as to etiology must be in the form of a probability, and the examiner must provide a complete rationale for any opinion expressed. C. M. COLLINS Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Alhinnawi 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.