Citation Nr: 21006720 Decision Date: 02/05/21 Archive Date: 02/05/21 DOCKET NO. 15-08 343 DATE: February 5, 2021 REMANDED Entitlement to service connection for cellulitis of both ankles is remanded. Entitlement to service connection for bilateral foot condition, to include as secondary to cellulitis of both ankles, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1967 to January 1969. This case comes before the Board of Veterans’ Appeals (Board) on appeal of a May 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Boston, Massachusetts. In October 2018, the Veteran testified at a hearing held via video before the undersigned Veterans Law Judge (VLJ). In June 2019, the Board remanded these matters to the Agency of Original Jurisdiction (AOJ) for additional development and consideration. Regrettably, the Board finds another remand is required in order to afford the Veteran every possible opportunity to substantiate his claims. Here, as was previously noted in the June 2019 Board remand, the Veteran has been diagnosed with cellulitis/ulceration of the lower extremities in June 2013, during the pendency of this appeal. The Veteran’s complaints to his physicians and notes included in the medical chart dating from August 2013 both indicate that the bilateral foot condition may be secondary to his diagnosed cellulitis of both ankles. Further, the Veteran’s service treatment records do note instance of ankle pain and a diagnosis of bilateral cellulitis of the ankle in July 1968. Consequently, in the June 2019 Board remand, new examinations and opinions regarding the etiology of the bilateral foot and ankle disorders, to include whether they are either directly attributable to his military service, or whether the foot disorder may be secondary to the ankle disorder, were requested. In the March 2020 VA medical opinions, obtained in response to the Board’s directives, the VA examiner concluded that the in-service condition was acute only, and there was no evidence of chronicity of care. The examiner noted that the January 1969 separation examination was normal regarding feet and skin. Following serivce, the examiner noted that there are no other medical records for the foot pain until 2013, 44 years after separation from the military. The Board finds this opinion is inadequate, as the examiner failed to consider the Veteran’s statements regarding continuity of symptomology for both disorders since service. Barr v. Nicholson, 21 Vet. App. 303 (2007). Regrading secondary service connection, the Board notes that the examiner only concluded that the bilateral foot disorder was not proximately due to the bilateral cellulitis of the ankles. An opinion of aggravation was not provided. As such, this opinion is also inadequate. See Ward v. Wilkie, 31 Vet. App. 233 (2019). The matters are accordingly REMANDED for the following action: 1. Obtain any and all of the Veteran’s VA treatment records for the period from 1969 to present. 2. Obtain an addendum opinion from the March 2020 VA examiner, if available. If the examiner is not available, and the AOJ determines that a new examination is warranted, please take appropriate actions. However, this is left to the AOJ’s discretion. The examiner is asked to provide an opinion as to the nature and etiology of the claimed bilateral ankle cellulitis and bilateral foot condition. The entire claims file, to include a complete copy of this remand, must be made available to the examiner. (a.) For both claimed conditions, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that each condition is related to the Veteran's active service. Regarding both conditions, the examiner should consider the multiple instances of the Veteran seeking treatment for cellulitis of both ankles and foot pain while in service. The examiner must also consider the Veteran’s report of continuity of symptomatology since service separation. (b.) The examiner is also requested to provide an opinion as to whether it is at least as likely as not that any such foot conditions are proximately due to or aggravated by the Veteran’s ankle conditions. The examiner must consider the above noted treatment records that suggest a relationship between the two conditions in rendering an opinion. The examiner must provide any and all opinions as to etiology in the form of a probability and must provide a complete rationale for any opinion expressed. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Berry, 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.