Citation Nr: 21013029 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 16-58 927 DATE: March 8, 2021 REMANDED Entitlement to service connection for a right foot disability is remanded. Entitlement to service connection for a right ankle disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1966 to July 1969, to include service in Vietnam. His decorations include the Vietnam Service Medal with three bronze service stars and the Vietnam Campaign Medal. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office in Columbia, South Carolina. In April 2019, the Veteran and his wife testified at a Board videoconference hearing before the undersigned Veteran’s Law Judge. A transcript of that hearing has been associated with the record. The issues currently on appeal were previously before the Board in August 2019, when they were remanded to the agency of original jurisdiction (AOJ) for additional development. After taking further action, the AOJ confirmed and continued the prior denial(s) and returned the case to the Board. Although the Board regrets the additional delay, another remand is necessary to ensure that there is a complete record on which to decide the Veteran’s claim. 1. Entitlement to service connection for a right foot disability is remanded. 2. Entitlement to service connection for a right ankle disability is remanded. The Veteran contends that his current right foot and ankle disabilities are related to an injury in service in 1968. In December 2020, the Veteran submitted a package of medical records that included records from private care providers he listed on accompanying correspondence. With those records, he also submitted a release for records from some of those same providers; presumably, so VA could assist him in obtaining any additional, relevant records that might be in those providers’ possession. Unfortunately, the release the Veteran provided was rejected by a VA private medical records contractor because it was undated. Thereafter, no further action was taken on the matter, to include notifying the Veteran that the release had been rejected. Because he was never made aware of the defect and given an opportunity to correct it, additional development is warranted. These matters are REMANDED for the following action: 1. Ask the Veteran to identify, and provide appropriate release(s) for, any private care providers who may possess new or additional evidence pertinent to the issues on appeal. If he provides the necessary release(s), assist him in obtaining the records identified, following the procedures set forth in 38 C.F.R. § 3.159. Any new or additional (i.e., non-duplicative) evidence received should be associated with the record. If any of the records sought are not available, the record should be annotated to reflect that fact, and the Veteran and his representative should be notified. 2. Obtain copies of records pertaining to any VA treatment the Veteran has received since the time that such records were last procured, following the procedures set forth in 38 C.F.R. § 3.159. The evidence obtained, if any, should be associated with the record. 3. If, as a result of the foregoing development, additional evidence is received that bears on the etiology of the Veteran’s right foot and/or right ankle disabilities, make arrangements to have the VA examiner who most recently evaluated the Veteran in November 2020 review the expanded record. After reviewing the expanded record, the examiner should prepare a supplemental report indicating the extent to which, if any, the additional evidence impacts on his prior opinion as to whether it is at least as likely as not (i.e., it is 50 percent or more probable) that the Veteran has a current disability of the right foot and/or right ankle that had its onset during, or is otherwise related to, his active military service. If the November 2020 examiner is unable to provide the opinion requested, arrange to obtain the requested information from another qualified examiner. The need for another examination and/or telephonic or video interview of the Veteran is left to the discretion of the examiner selected to offer the requested opinions. A complete rationale for all opinions should be provided. 4. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the issues remaining on appeal should be readjudicated based on the entirety of the evidence. If any benefit sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case. An appropriate period of time should be allowed for response. DAVID A. BRENNINGMEYER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Joseph T. Leonard, Law Clerk 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.