Citation Nr: 21008138 Decision Date: 02/11/21 Archive Date: 02/11/21 DOCKET NO. 17-54 103 DATE: February 11, 2021 REMANDED Entitlement to service connection for a left foot disability is remanded. REASONS FOR REMAND The Veteran served honorably in the United States Army Reserves from June 1981 to June 1982 and in the Army from June 1982 to October 1984. In a September 2019 decision, the Board denied the claim. The Veteran subsequently appealed the September 2019 Board decision to the United States Court of Appeals for Veterans Claims (Court). In an August 2020 order, the Court granted a joint motion for remand (JMR), which vacated the Board's decision and remanded the Veteran's appeal to the Board for action consistent with the terms of the JMR. The Veteran, through his representative, had questioned the competency of the December 2013 VA examiner. Specifically, whether the examiner, a nurse practitioner, was competent to render an opinion involving orthopedic claims. The VA is presumed to have properly chosen an examiner who is qualified to provide competent medical evidence. However, if the Veteran wishes to challenge the competency of an examiner, the Veteran may request the curriculum vitae and other information about the qualification of a medical examiner. Francway v. Wilkie, 940 F.3d 1304 (2019). The Board concludes that a remand is required to provide the Veteran and his representative with the December 2013 VA examiner’s curriculum vitae and other qualification information regarding her expertise in the medical field of orthopedics. The matters are REMANDED for the following action: 1. Provide the Veteran and his representative information regarding the qualifications of the December 2013 VA examiner to include a curriculum vitae or other similar material regarding any expertise in orthopedics. Copies of the information provided to the Veteran must be associated with the record. Document all requests for information as well as responses in the record. If any of the records noted here are unavailable, that should be noted in the record. 2. If, after completion of the foregoing, the curriculum vitae and other qualification information for the December 2013 examiner are NOT made available, forward the copies of all pertinent records to an appropriate VA examiner (preferably by examiner with experience in orthopedics) to obtain a medical opinion on the likely etiology of the Veteran’s left foot disability. If the examiner determines that an opinion cannot be provided without an examination, (or telehealth interview, if an in-person examination is not feasible) one should be scheduled. After reviewing the record, the examiner is asked to answer the following questions: (a) Identify all currently diagnosed left foot disabilities. (b) Is it at least as likely as not (50 percent probability) that any currently diagnosed left foot disability was incurred in or is otherwise related to service? Why or why not? The examiner must provide reasons for each opinion given. If the examiner is unable to provide an opinion without resort to speculation, he or she should explain why this is so and what, if any, additional evidence would be necessary before an opinion could be rendered. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S.E. Bresler, Associate 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.