Citation Nr: 21021973 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 13-10 509 DATE: April 14, 2021 REMANDED Entitlement to service connection for a bilateral foot disability is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1989 to January 1995 and from July 2004 to April 2005. The Veteran also served in the reserves with periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA). The Veteran testified before the undersigned Veterans Law Judge in an April 2016 video conference Board hearing. The transcript is of record. The Board of Veterans’ Appeals (Board) most recently remanded this and another issue in an August 2020 decision. Service connection was granted for the other issue (left knee disability) and it is no longer on appeal.   1. Entitlement to service connection for a bilateral foot disability is remanded. The Board previously remanded with instructions for the agency of original jurisdiction to prepare lists of both ACDUTRA and INACDUTRA periods to provide to the examiner. This instruction does not appear to have been complied with and remand is required to complete the ordered task. The record contains a list of dates for ACDUTRA, but nothing from which the dates of INACDUTRA can be discerned. Whether a period of time qualifies for ACDUTRA or INACDUTRA is a determination to be made by the adjudicator, not the examiner. Accordingly, the agency of original jurisdiction must adjudicate the Veteran’s periods of service so that the examiner may offer a proper opinion. The examiner’s rationale on remand was based on the lack of an in-service incident during active service. The examiner must also consider the incidents during periods of ACDUTRA and INACDUTRA. In particular, the examiner should consider the Veteran’s provided record of bilateral foot pain during a period of ACDUTRA in April 2010. The matters are REMANDED for the following action: 1. Compile a list of the Veteran’s periods of inactive duty for training (INACDUTRA) from April 1995 to August 2010. This list must be provided to the VA examiner(s) together with the list of ACDUTRA periods. If a complete list cannot be obtained, then the agency of original jurisdiction must notify the Veteran and indicate on the record the steps taken to obtain a list. 2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s bilateral foot disability was incurred in, caused by, or aggravated in any period of active duty, active duty for training, or inactive duty for training. The examiner should specifically address the April 2010 medical records provided by the Veteran. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Paul Saindon, Special 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.