Citation Nr: 21074754
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 15-24 487
DATE: December 16, 2021

REMANDED

Entitlement to service connection for a bilateral foot disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1985 to June 1992.  This matter came before the Board of Veterans Appeals (Board) on appeal from a May 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran testified before the undersigned Veteran's Law Judge during an August 2018 hearing.  The transcript of the hearing is of record.  February 2019, November 2020, and April 2021 Board decisions remanded the issue on appeal for further development.  

A June 2020 rating decision granted service connection for left ankle tendonitis.  This was a complete grant of the issue on appeal, and it is not before the Board.  

1. Entitlement to service connection for a bilateral foot disability is remanded.

The April 2021 Board decision remanded the issue on appeal in order to obtain outstanding private podiatry records from Kaiser Permanente.  The Board's review indicates that authorization for those records was requested in May 2021 and  June 2021 development letters, but no response had been received from the Veteran at the time the September 2021 Supplemental Statement of the Case ( SSOC ) was issued.  However, the record shows that in December 2021, the Veteran provided the requested authorization and the RO requested the outstanding private records.  As the required development is now in progress, a decision on this issue must be deferred pending its completion.  

The matters are REMANDED for the following action:

1. After the development regarding private treatment records from the April 2021 Board decision has been completed, if additional private treatment records are received obtain an addendum opinion from the provider who provided the November 2020 VA examination regarding the etiology of the Veteran's bilateral foot disability.  If the November 2020 examiner is not available, the opinion should be rendered by an appropriate provider.  The provider should review the file and provide a complete rationale for all opinions expressed.  The opinion should address the significance of any evidence added to the claim file and indicate whether the Veteran's bilateral foot disability is as least as likely as not (50 percent or greater probability) related to the Veteran's active service.  

2. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Arnold

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.