Citation Nr: 21014531 Decision Date: 03/12/21 Archive Date: 03/12/21 DOCKET NO. 20-09 335 DATE: March 12, 2021 REMANDED The issue of service connection for a right foot disability is remanded. The issue of service connection for a left foot disability is remanded. REASONS FOR REMAND The Veteran had active service from February 1965 to January 1968. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In December 2020, the Veteran was afforded a hearing before the undersigned Veterans Law Judge (VLJ). A hearing transcript is in the record. 1. Service connection for a right foot disability is remanded. 2. Service connection for a left foot disability is remanded. The matters are REMANDED for the following action: 1. BACKGROUND FOR THE RO ADJUDICATOR: Remand of the issues is necessary because the Veteran has not been afforded a VA examination with respect to these claims. The Veteran contends that his foot disabilities are related to injuries sustained and surgery he underwent during service. He has submitted private treatment records noting diagnoses of different bilateral foot disabilities possibly related to events in service and which indicate the Veteran has had foot pain for over 40 years. Thus, remand is required to afford the Veteran a VA examination to determine the nature and etiology of any foot disabilities. Additionally, the record is missing pertinent service treatment records that reflect the Veteran’s documented surgery on his left foot. Also, private treatment records from Dr. W. D., are not of record. Based on the foregoing, the Board finds remand is required to obtain these records. 2. Obtain the Veteran’s complete service treatment records to include records on the Veteran’s foot surgery conducted in Germany in 1966. 3. Ask the Veteran to complete a VA Form 21-4142 for records from Dr. W. D. Make two requests for the authorized records from Dr. W. D., unless it is clear after the first request that a second request would be futile. 4. Schedule the Veteran for a VA examination for his right and left foot disabilities. The entire claims file, including a copy of the Remand, should be made available to, and be reviewed by, the VA examiners. All appropriate tests, studies, and consultations should be accomplished, and all clinical findings should be reported in detail. Based upon a review of the relevant evidence of record, history provided by the Veteran, and sound medical principles, the VA examiner should provide the following opinions: a) Whether the Veteran has a right and/or left foot disability that is etiologically related to his military service. In providing the requested opinion, consider the Veteran’s description of his in-service injury and symptoms as well as his post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran’s reported injury and symptoms in service and thereafter represented the onset of his current disabilities, this should be noted. Stated another way, do the Veteran’s reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran’s reports generally inconsistent with medical knowledge or implausible? b) If the examiner opines that the Veteran’s right or left foot disability is service-connected then the examiner should opinion if the Veteran’s non-service-connected foot disability is proximately due to or aggravated (e.g. worsened, and if so, to what degree) by any of the Veteran’s service-connected foot disability? The examiner must review the entire record in conjunction with rendering the requested opinions. IN ADDITION TO ANY RECORDS THAT ARE GENERATED BECAUSE OF THIS REMAND, the VA examiner’s attention is drawn to the following: *In April 1966, service treatment records indicate the Veteran had plantar warts removed from his left foot. *In June 1967, the Veteran twisted his left foot and was placed on light duty for two days. *In November 1967, the Veteran reported having foot trouble on his separation report of medical history, and the military medical examiner noted the Veteran had “some plantar warts removed two years ago.” *Private treatment records from the Veteran’s treating physician, indicate the Veteran is diagnosed with foot pain, small fiber neuropathy, ankle contracture, cavus foot and plantar fasciitis which seemed to be linked to previous surgical intervention during military service. (Continued on the next page)   A thorough explanation must be provided for the opinions rendered. If the examiner cannot provide the requested opinion without resorting to speculation, s/he should expressly indicate this and provide supporting rationale as to why the opinion cannot be made without resorting to speculation. 5. After the above development, readjudicate the issues on appeal. If any benefit sought on appeal remains denied, the Veteran and his representative should be provided a supplemental statement of the case (SSOC). An appropriate period should be allowed for response before the case is returned to the Board. Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. McDuffie, 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.