Citation Nr: 21013867 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 12-23 995 DATE: March 10, 2021 REMANDED Entitlement to service connection for a left foot disorder is remanded. Entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) on an extraschedular basis is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Marine Corps from December 1987 to December 1991. 1. Entitlement to service connection for a left foot disorder is remanded. The Veteran contends that he has a left foot disorder that is related to his active duty service. In its July 2020 Remand, the Board requested that the Agency of Original Jurisdiction (AOJ) provide the Veteran with a VA examination to determine the etiology of the Veteran’s left foot disorder. The Board specifically requested that the examiner discuss the Veteran’s “assertions that he was treated for a left foot injury/disorder during service in 1988” and that the examiner “assume that the in-service treatment occurred” for the purposes of the opinion. Although the AOJ obtained a VA opinion in September 2020, the VA examiner’s opinion did not address or discuss the Veteran’s reports of an in-service left foot injury, and did not “assume that the in-service treatment occurred.” The Veteran’s lay statements are particularly relevant in this case, as the AOJ has been unable to locate the Veteran’s service treatment records. Accordingly, a new VA examination is warranted. 2. Entitlement to a TDIU is remanded. The claim for entitlement to a TDIU is intertwined with the claim remanded herein; accordingly, it must also be remanded. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that issues are inextricably intertwined and must be considered together when a decision concerning one could have a significant impact on the other). The matters are REMANDED for the following action: (Continued on the next page)   Provide the Veteran with a VA examination to determine the nature and etiology of his left foot disorder. The Veteran’s claims file, all electronic records, and a copy of this remand must be reviewed by the examiner, and the examiner must state that this evidence was reviewed in the examination report. All pertinent symptomatology and findings must be reported in detail. All indicated tests and studies must be accomplished. Based upon a complete review of the evidence of record, to include the Veteran’s lay statements, the examiner must provide an opinion as to whether it is at least as likely as not (i.e., a 50 percent probability or more) that any diagnosed left foot disorder is etiologically related to the Veteran’s active duty service. A complete rationale for all opinions must be provided. The examiner is advised that the Veteran is competent to report in-service and post-service observable symptomatology, and the examiner is requested to assume that the Veteran’s reported in-service symptoms and treatment occurred for the purposes of the opinion only, including assertions that he was treated for a left foot injury/disorder during service in 1988. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Katz, 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.