Citation Nr: 21069551
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 18-13 170
DATE: November 18, 2021

REMANDED

Entitlement to service connection for a right ankle disability, to include as secondary to left ankle disability, is remanded.

Entitlement to service connection for a right knee disability, to include as secondary to left ankle and/or bilateral foot disability, is remanded.

Entitlement to service connection for a left knee disability, to include as secondary to left ankle and/or bilateral foot disability, is remanded.

Entitlement to service connection for back disability is remanded.

Entitlement to service connection for bilateral bunions, to include as secondary to the left ankle disability, is remanded.

Entitlement to service connection for right foot hammertoes, to include as secondary to left ankle disability, is remanded.

Entitlement to service connection for left foot hammertoes, to include as secondary to left ankle disability, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1961 to February 1962.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of April 2017 and October 2017 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO).

This case was previously remanded by the Board in December 2019 and April 2021.

In October 2019, the Veteran testified during a video conference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file.

1. Right ankle

2. Bilateral knees

3. Back

4. Bilateral bunions

5. Bilateral hammertoes

The Veteran seeks service connection for right ankle, bilateral knees, back, bilateral bunions, and bilateral hammertoes. VA addendum opinions regarding these disabilities were obtained in June and August 2021.

When rendering direct and secondary service connection opinions for the disabilities, the examiner pointed out the Veteran's claims file did not contain relevant medical records from University of California Los Angeles (UCLA) dated in the 1970s. Evidently, the UCLA medical records show the Veteran was diagnosed as having rheumatoid arthritis (RA) involving multiple symmetrical joints and was treated for two years with gold injections and another unknown agent. The examiner stated that these records are vital in knowing when the Veteran was diagnosed with RA, what joints were involved, and the status of his non-involved joints.

Based on the statements of the June 2021 VA examiner, the Board recognizes the records from UCLA may be vital to the Veteran's claims. In order to analyze the Veteran's claim appropriately, the Board will remand to seek these records and, if located, provide the Veteran with VA addendum opinions as to the etiology of the claims herein.

The matters are REMANDED for the following action:

1. The AOJ shall seek to obtain the records from UCLA from the 1970s when the Veteran says he received treatment for RA in multiple joints.

2. If medical records from the 1970s from UCLA are obtained, obtain addendum opinions to determine the nature and etiology of the Veteran's right ankle disability, bilateral knee disabilities, back disability, bilateral hammertoes, and bilateral bunions. After a review of the record, the examiner should opine on the following:

(a.) Is it at least as likely as not (i.e., a 50 percent probability) that the Veteran's right ankle disability, bilateral knee disabilities, back disability, bilateral hammertoes, and bilateral bunions began during or are otherwise related to his service?

3. If medical records from the 1970s from UCLA are obtained, obtain addendum opinions whether the right ankle disability, bilateral knee disability, bilateral hammertoes, and bilateral bunions are at least as likely as not either caused or aggravated by the service-connected left ankle disability.

4. If any bilateral foot disability is found to be service connected, then the examiner should provide an opinion whether the bilateral knee disability is at least as likely as not either caused or aggravated by the bilateral foot disability.

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. St. Laurent, 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.