Citation Nr: 21070606
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 09-49 168
DATE: November 24, 2021

REMANDED

Entitlement to service connection for right foot disorder is remanded.

Entitlement to service connection for left foot disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from April 1974 to October 1980.

The Veteran testified at a hearing before a member of the Board of Veterans' Appeals (Board) in December 2010, and a transcript of the hearing is of record.  The Acting Veterans Law Judge (VLJ) that conducted the hearing is no longer employed at the Board.  Pursuant to 38 C.F.R. § 7107(c) and 38 C.F.R. § 20.707, the Veteran elected to testify before a new VLJ.  The Veteran testified before the undersigned VLJ in May 2019, and a transcript of the hearing is of record.

Unfortunately, the Board finds a remand is necessary for the Veteran's claims for service connection for right foot disability and left foot disability (bilateral foot disability).  Specifically, the prior October 2021 Board remand directed the RO to obtain a new VA medical opinion to ascertain the nature and etiology of the Veteran's bilateral foot condition.  The examiner was directed to provide an opinion on whether it is at least as likely as not that the Veteran's bilateral foot condition had its onset in or is related to active service.  The RO submitted an exam request in October 2021 for the above medical opinion.  The VA medical opinion has not been completed.  It is unclear why this case was returned to the Board prematurely.

Accordingly, the October 2021 VA medical opinion request has not been fulfilled, and the issues must be remanded in order to comply with those directives outlined in the October 2021 remand.  See Stegall v. West, 11 Vet. App. 268 (1998).

The matters are REMANDED for the following action:

The RO must obtain a VA medical opinion for the Veteran's bilateral foot condition.  The examiner is asked to specifically address the following, with a full rationale provided: for each diagnosed right and left foot disorder, to include calluses and arch abnormalities, whether it is at least as likely as not (at least an approximate balance of positive and negative balance) that the Veteran's bilateral foot disability had its onset in or is related to active service.  The examiner is directed to address and discuss the Veteran's lay statements.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Glaeser, Jennifer

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.