Citation Nr: 21061454 Decision Date: 10/04/21 Archive Date: 10/04/21 DOCKET NO. 18-09 267 DATE: October 4, 2021 REMANDED Entitlement to service connection for a bilateral foot condition is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1975 to April 1976. This matter is before the Board of Veterans' Appeals (Board) on appeal from a November 2014 rating decision from a Department of Veteran's Affairs (VA) Regional Office (RO). In September 2021, a virtual hearing was held before the undersigned Veterans Law Judge. This decision is being made under the "one-touch" program. A transcript of the hearing will be associated with the claims file at a later time. Entitlement to service connection for a bilateral foot condition. The Veteran asserts his current bilateral foot condition is a consequence of exposure to cold weather resulting in frostbite while in service. The Veteran's claims file does not contain his complete service personnel or treatment records for his period of active duty service from February 1975 to April 1976. No formal finding has been made regarding the unavailability of his service treatment or military personnel records. Additionally, during the September 2021 hearing the Veteran asserted treatment for his bilateral foot condition through the VA. Those records are not associated with his claims file. Finally, no VA examination has been provided for this claim. The Board finds that the duty to assist is triggered and a VA examination is needed for these claims. Consistent with the VA's duty to assist, under McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006), a VA medical examination must be provided when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, and (2) evidence establishing that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service or with another service-connected disability, but (4) insufficient competent medical evidence on file for the Secretary to make a decision on the claim. See 38 U.S.C. § 5103A(d)(2); 38 C.F.R. § 3.159(c)(4)(i). The November 2019 disability benefits questionnaire submitted by the Veteran confirms he has been diagnosed with bilateral abnormal peripheral neuropathy in his feet. The Veteran also reports burning, tingling, and pain in both feet. The provider indicated the Veteran has expereinced those symtpoms since a 1975 frostbite injury to his feet. Furthermore, there is insufficient competent medical evidence of record to provide insight into the connection between the Veteran's current bilateral foot condition and active service, to include a cold weather injury. This meets the McLendon threshold and a remand is needed for a VA examination and an etiology opinion. McLendon, 20 Vet. App. 79, 81; Id. The matters are REMANDED for the following action: 1. Obtain the Veteran's complete service personnel records and service treatment records. If the records cannot be found, a formal finding of unavailability must be provided to the Veteran and associated with the claims file. 2. Schedule the Veteran for a VA examination for his bilateral foot condition. The examiner must review the entire claims file and answer the following question: Is the Veteran's bilateral foot condition, to include peripheral neuropathy, burning, tinging, and pain, at least as likely as not related to service, including exposure to cold weather resulting in a frostbite injury to both feet in service? Provide a rationale to support the opinion. The examiner is asked to specifically address if cold weather exposure and frost bite could have resulted in the Veteran's current burning, tinging, and pain symptoms. (Continued on the next page) In providing the requested opinion, consider the Veteran's description of his in-service injury and symptoms as well as his post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran's reported injury and symptoms in service and thereafter represented the onset of his/her current disability, this should be noted. Stated another way, do the Veteran's reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran's reports generally inconsistent with medical knowledge or implausible? LAURA E. COLLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Associate Counsel, S. Conti 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.