Citation Nr: 21001803 Decision Date: 01/11/21 Archive Date: 01/11/21 DOCKET NO. 19-08 744A DATE: January 11, 2021 REMANDED Entitlement to service connection for left foot disability is remanded. Entitlement to service connection for right foot disability is remanded. Entitlement to service connection for an acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from May 2006 to September 2007. However, evidence of record indicates four months and two days of active service prior to this time. See DD Form 214. 1. Entitlement to service connection for left foot disability is remanded. 2. Entitlement to service connection for right foot disability is remanded. 3. Entitlement to service connection for an acquired psychiatric disorder is remanded. With regard to all the Veteran’s claims, evidence not submitted by the Veteran was received after issuance of an August 2020 supplemental statement of the case (SSOC). See VA and private treatment records received October 2020; see also foot conditions disability benefits questionnaire received December 4, 2020. These records are pertinent to the Veteran’s claims. In a November 2020 letter, the Board informed the Veteran of some of this evidence, and her ability to waive Agency of Original Jurisdiction (AOJ) consideration of it. The Veteran was provided 45 days from the date of the letter to respond, but no response has been received. Therefore, remand is required to allow AOJ review of all the evidence and issuance of a new rating decision or supplemental statement of the case. See 38 C.F.R. §§ 19.37(b), 20.1305(c). Remand is also warranted for medical opinions that consider the additional evidence. Additionally, the Veteran attended a VA foot examination in March 2020 and the examiner relied in part on “insufficient evidence” in the Veteran’s service treatment records to provide a negative nexus opinion. See March 2020 examination report (Medical Opinion report). However, as noted in our prior remand, the Veteran’s service treatment records are incomplete. See VA memo from February 2008. Furthermore, the Veteran has subsequently provided evidence that may support her claim. See September 30, 2020 letter from representative (“The same study notes that bunions take ‘months or years’ to develop.”). Therefore, remand for additional medical opinions that consider all evidence of record is warranted. In light of the evidence submitted by the Veteran, and other evidence of record as discussed in our prior remand, we have recharacterized the Veteran’s foot and acquired psychiatric disorder claims to reflect the broader scope of possible disability. Finally, as noted above, VA was unable to locate the Veteran’s complete service treatment records in 2008. However, in October 2014, the Veteran submitted service treatment records not previously obtained by VA, including from 2005, suggesting more of her records are now available. Therefore, remand is warranted to obtain the Veteran’s complete service personnel and treatment records. The Board notes the Veteran reported a positive nexus opinion from her treating physician during her March 2020 VA foot examination that is similar to an opinion found in the December 2020 VA foot examination report. See March 2020 examination report, page 2; December 2020 examination report, pages 14-15. Nothing in this remand precludes the Veteran from obtaining a letter from her podiatrist that explains such an opinion by providing rationale. The matters are REMANDED for the following action: 1. Obtain the Veteran’s complete service personnel and treatment records, to include from periods of active duty for training and inactive duty training. Verify dates of service, including the at least four months and two days of service prior to May 2006. 2. Schedule the Veteran for a VA examination for her claimed disabilities of the feet with the same examiner that saw her in December 2020 if possible. The examiner must review the claims file. The examiner should identify all disabilities of the feet the Veteran has had since filing her claim, even if the disability has resolved. For each disability identified, the examiner is asked to provide a response to the following: Is it at least as likely as not related to service? If the Veteran is found to have arthritis of either foot, is it at least as likely as not that arthritis (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? Provide rationale to support the opinions. 3. Schedule the Veteran for a VA examination for her claimed acquired psychiatric disorders. The examiner must review the claims file. The examiner should identify all acquired psychiatric disorders the Veteran has had since filing her claim, even if it has resolved. For each acquired psychiatric disorder identified, the examiner is asked to provide a response to the following: Is the acquired psychiatric disorder at least as likely as not related to service? Is the acquired psychiatric disorder at least as likely as not proximately due to service-connected disease or injury? Is the acquired psychiatric disorder at least as likely as not aggravated, i.e., worsened beyond its natural progression, by service-connected disease or injury? (Continued on the next page)   Provide rationale to support the opinions. 4. Then the AOJ should adjudicate the Veteran’s claims, considering all evidence of record. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Gregory T. Shannon, Associate 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.