Citation Nr: 21061427
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 18-17 614
DATE: October 4, 2021

REMANDED

Service connection for a bilateral foot disorder, other than hammer toes and hallux valgus.

 

REASONS FOR REMAND

The Veteran served on active duty from August 1977 to December 1980. 

The case is on appeal from a September 2016 rating decision. 

In a February 2021 decision, the Board remanded the present matter for further development and adjudication.  The Board pointed out that as raised by the record, additional bilateral foot disorders shown by the medical evidence required further consideration as all foot disorders were encompassed within the Veteran's service connection claim pursuant to Clemons v. Shinseki, 23 Vet. App. 1 (2009).

While on remand status, in a May 2021 rating decision, the RO granted service connection for bilateral feet hallux valgus and hammer toes.  The foregoing constitutes a full grant for such benefits, so those foot disorders are no longer on appeal.  The Board has recharacterized the issue on appeal to reflect the scope of the claim as service connection for a bilateral foot disorder, other than hallux valgus and hammer toes, to include bilateral pes planus.  

Service connection for a bilateral foot disorder, other than hammer toes and hallux valgus. 

Following the most recent May 2021 supplemental statement of the case (SSOC), the RO associated an August 2021 VA foot conditions examination report, to include an opinion regarding foot conditions other than hammer toes and hallux valgus, which has not been previously considered by the RO in connection with the present claim.  In August 2021, the Board sent the Veteran a letter informing him of the additional evidence received and allowing for 45 days to waive, in writing, initial review of such evidence by the RO, or to have the RO review such evidence before the Board.  The Veteran was also notified that failure to provide a written waiver within 45 days would result in a remand of the appeal for initial RO consideration.  No waiver was received from the Veteran within the time allotted.  As a result, the Board will remand the claim for the RO to consider the new evidence.  See 38 C.F.R. § 20.1305(c).       

The matters are REMANDED for the following action:

Readjudicate the Veteran's claim of service connection for a foot disorder, other than hammer toes and hallux valgus, with consideration of the evidence since the May 2021 SSOC.  If the full benefit sought remains denied, issue another SSOC and return the case to the Board.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	William Pagan, 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.