Citation Nr: 21002741
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 11-14 498
DATE: January 14, 2021

REMANDED

Entitlement to service connection for a left foot disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1967 to July 1970.

Entitlement to service connection for a left foot disability is remanded.

The Veteran contends that he has a left foot disability that was caused or aggravated by his service.

The Board is unable to make an informed decision on the issue of service connection for a left foot disability, because the June 2020 VA medical opinions pertaining to the Veteran’s left foot disability are inadequate. The Board’s April 2020 remand directed the Agency of Original Jurisdiction (AOJ) to obtain a new VA medical opinion for the Veteran’s left foot disability. If the examiner determined an opinion cannot be provided without an examination, one should be scheduled. 

In the opinions, the VA examiner specifically stated it is unclear as to what exactly is the Veteran’s “left foot chronic disability.” The Board finds that the examiner should have then scheduled the Veteran for an in-person examination to interview him to aid in determining what the Veteran is claiming as his left foot disability. Since this did not occur, a new examination is necessary. Barr v. Nicholson, 21 Vet. App. 303 (2007).

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination to obtain a medical opinion as to the likely nature and etiology of any diagnosed left foot disability Copies of all pertinent records should be forwarded to the appropriate VA examiner. 

After reviewing the record, the examiner is asked to answer the following questions:

(a) At any time during the period on appeal (beginning June 24, 2009), has the Veteran had a diagnosed disability to his left foot?

(b) if (a) is answered yes, is it at least as likely as not (50 percent probability) that any currently diagnosed left foot disability was incurred in or is otherwise related to service? Why or why not?

(c) If (b) is answered no, is it at least as likely as not (probability of at least 50 percent) that any currently diagnosed left foot disability is proximately due to (caused by) the Veteran’s service-connected back disability?

(d) If (c) is answered no, is it at least as likely as not (probability of at least 50 percent) that any currently diagnosed left foot disability has been aggravated by the Veteran’s service-connected back disability? Aggravation here is defined as any increase in disability. 

A complete rationale must be provided for all opinions, citing to supporting factual data and medical literature, as appropriate. If the examiner cannot provide an opinion without resort to speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training) and note what, if any, additional evidence would permit such an opinion to be made.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. G. Perkins, 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.