Citation Nr: 21008043
Decision Date: 02/11/21	Archive Date: 02/11/21

DOCKET NO. 17-52 830
DATE: February 11, 2021

REMANDED

Entitlement to service connection for a heart disorder is remanded.

Entitlement to service connection for bilateral pes planus is remanded.

REASONS FOR REMAND

The Veteran had active duty from November 1966 to November 1968, including service in the Republic of Vietnam.  

1. Entitlement to service connection for a heart disorder is remanded.

There was not substantial compliance with the August 2019 remand.  Stegall v. West, 11 Vet. App. 268 (1998).  In the August 2019 remand, the Board requested an addendum medical opinion and asked the examiner to discuss whether the Veteran’s heart condition is related to service or is secondary to his service-connected psychiatric disability.  The record shows the Agency of Original Jurisdiction (AOJ) made several attempts to schedule a VA examination, but the Veteran was not responsive.  However, the AOJ did not obtain a medical opinion as requested by the August 2019 remand. Thus, remand for a medical opinion is required.  

2. Entitlement to service connection for bilateral pes planus is remanded.

In the August 2019 remand, the Board directed the AOJ to schedule the Veteran for a foot examination and obtain a medical opinion as to whether the Veteran’s foot condition is related to service.  The Veteran was not responsive to the AOJ’s numerous attempts to scheduling an examination. Nevertheless, the Board finds a medical opinion based on the evidence in the claims file would be helpful in adjudicating the claim.  Thus, remand for a medical opinion is warranted. 

The matters are REMANDED for the following action:

1. Send the claims file to the appropriate examiner for a medical opinion regarding the Veteran’s heart disorder.  The examiner should address the following: 

(a) Is it at least as likely as not (50 percent or greater probability) that the Veteran’s heart disorder began in service or is otherwise the result of service; and 

(b) Is it at least as likely as not (50 percent probability or higher) that the Veteran’s heart condition is caused by or aggravated by (i.e., permanently worsened beyond the natural progression) his service-connected psychiatric condition. 

The examiner is asked to explain the reasons behind any opinions expressed and conclusions reached. In offering any opinion, the examiner must consider the full record, to include the Veteran’s credible lay statements regarding the incurrence of his claimed disability and the continuity of symptomatology.

2. Send the claims file to an appropriate examiner for a medical opinion addressing whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s bilateral foot disorder began in service or is otherwise the result of a disease or injury in service, to include constant wear and tear while wearing combat boots.  

The examiner is asked to explain the reasons behind any opinions expressed and conclusions reached. In offering any opinion, the examiner must consider the full record, to include the Veteran’s credible lay statements regarding the incurrence of his claimed disability and the continuity of symptomatology.

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J.A. Williams, 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.