Citation Nr: 21072649
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 17-06 779
DATE: December 3, 2021

REMANDED

Service connection for a left foot disability is remanded.

Service connection for a right foot disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1979 to May 1982.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2020 Board decision. The Veteran appealed the Board decision to the United States Court of Appeals for Veterans Claims (Court). In August 2021, the Court granted a Joint Motion for Remand, and remanded the claim to the Board for further proceedings consistent with the decision. Specifically, the Court held that the Board had erred in relying on an inadequate VA examination and opinion and failed to ensure that VA complied with its remand order. 

Pursuant to the August 2021 Court order, remand is required to obtain an adequate VA opinion as the December 2019 VA examination the examiner's failure to consider the lay testimony and account for the Veteran's full medical history resulted in an inaccurate factual premise in the rationale. In this regard, the December 2019 VA examination does not address the lay evidence, to include the Veteran's reports of continuous pain and use of crutches and his wife's statements that the Veteran's foot pain pre-existed the Veteran's diabetes and gout.  Additionally, the December 2019 VA examination does not address the Veteran's full medical history, to include the Veteran's July 1980 incident when he dropped a weight on the dorsum of his right foot; twisted his right ankle when he jumped out of the way of a car and injured his right foot; and injured his left foot in service. Therefore, upon remand, an adequate VA opinion must be obtained. 

The matters are REMANDED for the following action:

1. Obtain updated VA records. 

2. Schedule a VA examination to determine the etiology of any diagnosed bilateral foot disorder.  The file, including a copy of this Remand, must be made available to the examiner and the examiner should indicate in his/her report whether or not such was reviewed.  All necessary tests and studies should be accomplished.  

The examiner should:

(a.) Identify any/all diagnosed disabilities of the Veteran's bilateral feet.

(b.) For every diagnosis identified, provide an opinion, with rationale, as to whether it is at least as likely as not (50 percent or greater probability) that any such diagnosis had onset in service or within one year following separation from service; or was causally related to service. 

(c.) The Veteran's lay assertions as to onset and continuity of symptomatology, to include the Veteran's reports of continuous pain and use of crutches and his wife's statements that the Veteran's foot pain pre-existed the Veteran's diabetes and gout; and the Veteran's October 2019 hearing testimony, should be recorded and considered. 

(d.) The examiner should specifically address the Veteran's full medical history, to include the Veteran's July 1980 incident when he dropped a weight on the dorsum of his right foot; twisted his right ankle when he jumped out of the way of a car and injured his right foot; and injured his left foot in service.

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Hemphill

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.