Citation Nr: 20060253 Decision Date: 09/14/20 Archive Date: 09/14/20 DOCKET NO. 20-24 153 DATE: September 14, 2020 REMANDED Entitlement to service connection for a left foot condition is remanded. Entitlement to service connection for a right foot condition is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from May 1954 to May 1956. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for a bilateral foot condition is remanded. The Veteran contends that he suffered a cold weather exposure injury to both of his feet when he was temporarily stationed in Canada in the winter of 1954-1955. He described being exposed to sub-zero temperatures and reported that his civilian doctor informed him that he had nerve damage from frozen feet. Treatment records from 2018 show that the Veteran has decreased pulses in both of his feet, for which he is treated by a private vascular surgeon. Except for his separation examination, the Veteran's service treatment records and personnel records were destroyed in a fire. The Veteran has not been afforded an examination specifically for assessment of the etiology of his foot disabilities. Such is necessary for compliance with the VA’s duty to assist the Veteran. He has reported treatment for diminished pedal pulses and nerve damage to his feet due to in-service exposure to extreme cold. He has a current disability and a colorable claim of an injury and nexus. Remand for an examination is required. McLendon v. Nicholson, 20 Vet. App. 79 (2006). The Board notes that in January 2020, the VA contacted the Veteran and asked that he complete a Form 21-4142 for a private treatment provider who he reported has treated him for his appealed conditions. No response to this request was received. VA treatment records now indicate the potential of other private providers, for whom releases have not bee requested. In light of such, and the fact of missing service treatment records, additional attempts for records should be made. See Washington v. Nicholson, 19 Vet. App. 362, 369-70 (2005) The matters are REMANDED for the following action: 1. Contact the Veteran and request properly executed, separate VA form 21-4142’s, Authorization and Consent to Release Information to the Department of Veterans Affairs, for any private care providers who have treated him for his claimed bilateral foot disabilities. Releases for Dr. Tommy Garnett (a podiatrist) and any private vascular specialist must be specifically requested. Upon receipt of such, VA must take appropriate action to contact the identified providers and request complete treatment records. The Veteran should be informed that in the alternative he may obtain and submit the records himself. 2. Schedule the Veteran for a VA foot examination; the claims folder must be reviewed in conjunction with the examination. The examiner must identify any current diagnosis or disability affecting the Veteran's feet. For each identified condition, the examiner must opine as to whether such is at least as likely as not caused or aggravated by service, to include reported exposure to extreme cold during a 10-day test of sleeping bags and tents in Canada. The examiner should consider such allegation true for purposes of offering an opinion; the fact is not yet established. 3. Then, readjudicate the claim on appeal. If any benefit sought remains denied, issue an appropriate supplemental statement of the case and return the appeal to the Board WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Megan-Brady Viccellio 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.