Citation Nr: 21071919 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 18-06 503 DATE: December 1, 2021 REMANDED Entitlement to service connection for a left foot disability is remanded. Entitlement to service connection for a left shoulder disability is remanded. REASONS FOR REMAND The Veteran served in active-duty service with the Marine Corps from March 1970 to December 1971. This matter is on appeal from a May 2017 rating decision. The Veteran was afforded a March 2021 hearing before the undersigned Judge; a transcript of the hearing has been associated with the claims record. The Board remanded this appeal in June 2021 for additional development. Unfortunately, the Board finds that remand is warranted for additional development. The Veteran asserts his left foot disability and left shoulder disability are related to his active-duty service. The Board notes that the Veteran has submitted testimony in March 2021 and statements in a January 2015, April 2017, and August 2021 VA examination, January 2017; September 2017 notice of disagreement (NOD); and January 2018 form 9 regarding the nature and etiology of his claimed left foot and left shoulder disability. In particular, the Veteran stated how he suffered an injury to his left foot from stepping on a nail and an injury to his left shoulder from overhead lifting as part of his duties working in a warehouse during service. In the August 2021 VA examination requested on remand, the examiner opined the Veteran's left foot and left shoulder disability were not related to his service and found there was "no event, injury, or illness" that would cause the Veteran's claimed conditions. However, the Board notes the Veteran's service treatment records (STRs) document an October 1970 complaint of a sore arm and shoulder as well as a September 1971 treatment for a nail puncture wound to the heel. The August 2021 VA opinion does not address either of these records nor addresses the Veteran's statements and testimony or explain why they were not considered. As such, the Board finds the opinions inadequate, and remand warranted for addendum opinion. The matters are REMANDED for the following action: 1. Obtain and associate with the claims file all updated and outstanding treatment records. 2. Return the claims file to the VA examiner who conducted the August 2021 examination, if available, for clarification and additional opinions on the Veteran's claimed left foot and left shoulder disability. If that examiner is not available, the claims file should be provided to another physician to obtain the requested opinion. After review of the claims file, the examiner is asked to respond to the following: (a.) Is it as least as likely as not (a 50 percent or greater probability) the Veteran's left foot disability arose in service or is etiologically related to his military service? (b.) Is it as least as likely as not (a 50 percent or greater probability) the Veteran's left shoulder disability arose in service or is etiologically related to his military service? (c.) In addressing any of the above, the VA examiner should address and discuss the October 1970 and September 1971 service treatment records (STRs); the January 2015, April 2017 and August 2021 VA examination findings; the statements made by the Veteran in January 2017; September 2017 notice of disagreement; January 2018 form 9; and the March 2021 hearing testimony. (d.) The examiner is advised that the Veteran is competent to report in-service events and treatment, and the Veteran's symptoms and history, and such reports and assertions must be specifically acknowledged and considered in formulating any opinions. If the examiner rejects the Veteran's reports, the examiner must provide a reason for doing so. (e.) If the examiner cannot provide the above opinions, the examiner is advised that he/she must explain why the requested opinion cannot be provided (i.e., because the limits of medical knowledge had been exhausted or because further information to assist in making the determination is needed, such as additional records and/or diagnostic studies). (f.) If the examiner cannot provide an answer because further information is needed to assist in making the determination, all reasonable steps to obtain the missing information should be exhausted before concluding that the answer cannot be provided. (g.) If the VA examiner is unable to provide an opinion without resort to speculation, he or she should explain whether the inability is due to the limits of the examiner's medical knowledge, medical knowledge in general or there is evidence that, if obtained, would permit the opinion to be provided. A clearly stated rationale for any opinion offered should be provided. 3. After completion of the above and any additional development deemed necessary, the issues on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review. MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Yang, Attorney-Advisor 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.