Citation Nr: 21015306 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 15-10 906 DATE: March 17, 2021 REMANDED Entitlement to service connection for a right foot disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from November 1972 to November 1975. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board most recently remanded the matter in June 2020 for further development, to include obtaining an addendum medical opinion. 1. Entitlement to service connection for a right foot disability is remanded. In December 2020, a VA examiner issued an addendum opinion regarding the Veteran’s right foot disability, as directed by the June 2020 Board remand. The examiner noted that the Veteran has been diagnosed with right foot pes planus, Raynaud’s Syndrome, and clavus (corn). See Dec. 2020 C&P Examination #2, P. 3. However, the examiner stated that the claims file does not provide any documentation indicating that the Veteran complained of or was treated for symptoms associated with the above conditions during service. Id. The examiner opined that it is less likely than not that the Veteran’s right foot conditions were related to service. Id. The examiner also opined that it is less likely than not that the Veteran’s right foot conditions are caused by or aggravated beyond their natural progression by any of the Veteran’s service-connected conditions. See Dec. 2020 C&P Examination #1, P. 2; Dec. 2020 C&P Examination #4, P. 3. The Veteran’s service treatment records reflect complaints of and treatment for foot issues. In February 1973, the Veteran appeared at the troop medical clinic due to his foot. See Feb. 2009 STR – Medical, P. 4. The provider wrote “check boot” in the treatment note. Id. In separate August and September 1975 podiatry clinic records, the provider noted reductions of “callistic tissue” around seed corns. See id. at 40, 48. The Veteran has contended multiple times that he was told that he had a seeded corn during service. See Feb. 2009 Statement; April 2009 Statement. He further stated that he was told to keep the corn shaved or cut down with a razor. See Feb. 2009 Statement; Jan. 2010 Statement. The Veteran has also contended that he frequently sweat or froze in his combat boots during harsh winter conditions in Alaska, which he suggests may be related his foot conditions. See Jul. 2011 Statement. The Board finds the December 2020 addendum opinion to be inadequate for adjudication purposes. The examiner stated that there was no documentation of record indicating that the Veteran complained of or was treated for symptoms associated with foot corns. However, this statement is inaccurate, as the Veteran’s service treatment records reflect treatment of corns in August and September 1975. The examiner also failed to address the Veteran’s statements that he was told during service that he had corns and was instructed to keep them shaved or cut down with a razor. Additionally, the examiner failed to address the Veteran’s contention that wearing combat boots during harsh winter conditions may be related to his right foot disability. Accordingly, the claim must be remanded in order to obtain an adequate examination and opinion. See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (when VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate). The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination to ascertain the etiology of any right foot condition. Any indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished. The entire claims file, to include a complete copy of this REMAND, should be made available to the examiner designated to provide the opinion, and the examination report must include a discussion of the Veteran’s documented medical history and assertions. The examiner should offer comments, an opinion, and a supporting rationale that address whether it is at least likely as not (a 50 percent probability or greater) that any of the Veteran’s right foot conditions were incurred in, aggravated by, or otherwise etiologically related to the Veteran’s active duty service. In providing this opinion, the examiner must address all relevant lay and medical evidence of record, including but not limited to the Veteran’s in-service reduction of tissue around seed corns. See Feb. 2009 STR – Medical, pp. 40, 48. The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries and that his reports must be taken into account in formulating the requested opinions. The examiner must provide rationale for all proffered opinions. If the examiner is unable to provide any required opinion, he or she should explain why. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so. If the inability to provide a more definitive opinion is the result of a need for additional information, the examiner should identify the additional information that is needed. LLOYD CRAMP Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Watkins, 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.