Citation Nr: 21070410 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 13-13 305 DATE: November 23, 2021 REMANDED The claim of entitlement to service connection for bilateral ingrown toenails is remanded. The claim of entitlement to service connection for a condition of the testicles, claimed as epididymitis, is remanded. REASONS FOR REMAND The Veteran had honorable active duty service with the United States Army from November 1991 to November 2011. The instant matter is on appeal from an August 2012 rating decision. In March 2019, the Veteran testified before the undersigned in a videoconference hearing. A transcript of the proceedings has been associated with the record. The Board most recently remanded these issues in August 2020 in order to obtain additional relevant post-service treatment records. At the outset, after reviewing the contentions and evidence of record, the Board finds that the issues on appeal are more accurately stated as reflected in the issues section above. The Board notes that the United States Court of Appeals for Veterans Claims (Court) has held that when a claimant makes a claim, he is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled. See Brokowski v. Shinseki, 23 Vet. App. 79 (2009) (holding that a claimant may satisfy the requirement to identify the benefit sought by referring to a body part or system that is disabled or by describing symptoms of the disability); see also Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009) (holding that the scope of a mental health disability claim includes any mental disorder that may reasonably be encompassed by the claimant's description of the claim, reported symptoms, and other information of record). Therefore, in consideration of the holdings in Brokowski and Clemons, the Board has recharacterized the Veteran's claim of entitlement to service connection for epididymitis to a condition of the testicles based upon his reported symptomatology. 1. The claim of entitlement to service connection for bilateral ingrown toenails is remanded. A remand is necessary in order to obtain a medical opinion with respect to the etiology of the Veteran's claimed bilateral ingrown toenails in light of new evidence received since August 2020. For reference, the Veteran underwent multiple procedures to alleviate symptoms of ingrown toenails during his active duty service. Despite this, in September 2011, the VA examination report could not render a diagnosis as his toes were normal upon examination. The most recent VA examination in November 2018 concluded that there had not been additional flare ups of ingrown toenails since the Veteran's discharge from service. Medical records received in response to the previous remand, however, indicate an ongoing issue with ingrown toenails since his retirement. Remand is thus necessary in order to obtain a medical opinion that considers this relevant evidence. 2. The claim of entitlement to service connection for a condition of the testicles is remanded. Similarly, a remand is necessary in order to more thoroughly consider the Veteran's claim pertaining to a condition of the testicles, which has been broadened beyond the initial claim of epididymitis. The Veteran's service records reflect a screening examination for epididymitis. Around February 2009, the Veteran sought fertility screening, and blood was detected in his ejaculate. While analysis was requested, the Veteran has asserted that his clinicians did not complete this request, and he was not informed of these findings. In his hearing before the undersigned, the Veteran reported that symptoms began around 2008 with pain in the groin area. He reported seeking treatment, but did not receive a response after the initial evaluation. He continued to experience pains around the time of his retirement, but when he sought treatment, he was diagnosed with a muscle strain. Currently, the Veteran reports sharp pains once or twice per month that limit his activities. The etiology of these pains in the groin region remains unclear. Accordingly, remand is necessary in order to obtain a more thorough examination of the Veteran's contentions pertaining to testicular and groin pain, to include the etiology of any diagnosed condition. The matters are REMANDED for the following action: 1. Contact the Veteran and the representative of record in order to identify any outstanding non-VA treatment records regarding the issues on appeal. If non-VA providers are identified, obtain releases for those records. Make all reasonable attempts to obtain the non-VA treatment records and associate them with the claims file. If such records cannot be obtained, inform the Veteran and the representative of record, and afford an opportunity to provide these outstanding records. The RO must make two attempts to obtain any private records identified, unless the first attempt demonstrates that further attempts would be futile. If private records are identified, but not obtained, the RO must notify the Veteran of (1) the identity of the records sought, (2) the steps taken to obtain the records, (3) that the claim will be adjudicated based on the evidence available, and (4) that if the records are later obtained, the claim may be readjudicated. 2. Once the aforementioned development is complete, obtain a medical opinion addressing the etiology of the Veteran's claimed bilateral ingrown toenails. A new examination may be ordered if deemed necessary. A complete copy of the claims file must be provided to the examiner, including a copy of this remand. The examiner should consider the Veteran's lay reports of observable symptomatology. After a thorough review of the record, the examiner should opine as to the following: (a.) Has the Veteran had a diagnosis of ingrown toenails since his discharge from service? (b.) If so, is it at least as likely as not (i.e., a probability of 50 percent or more) that the Veteran's ingrown toenails had their onset during active service or within one year of separation from service, or, otherwise resulted from active military service? The examination report should specifically state that a review of the record was conducted. The examiner should provide a complete rationale for all opinions provided. If an opinion cannot be provided without to resorting to mere speculation, the examiner should identify all medical and lay evidence considered in this conclusion, fully explain why this is the case and identify what additional evidence (if any) would allow for a more definitive opinion. 3. Once the aforementioned development is complete, schedule the Veteran for a VA examination to assess the etiology of his claimed testicular condition. A complete copy of the claims file must be provided to the examiner, including a copy of this remand. The examiner should take a history from the Veteran and must consider lay reports of observable symptomatology. After a thorough review of the record, the examiner should opine as to the following: (a.) Identify any and all diagnoses of the testicle and/or groin region related to the Veteran's complaints of symptomatology. (b.) For each identified diagnosis, is it at least as likely as not (i.e., a probability of 50 percent or more) that the identified diagnosis had its onset during active service or within one year of separation from service, or, otherwise resulted from active military service? (Continued on the next page) The examination report should specifically state that a review of the record was conducted. The examiner should provide a complete rationale for all opinions provided. If an opinion cannot be provided without to resorting to mere speculation, the examiner should identify all medical and lay evidence considered in this conclusion, fully explain why this is the case and identify what additional evidence (if any) would allow for a more definitive opinion. ROBERT C. SCHARNBERGER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Fisher, 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.