Citation Nr: 21022101 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 16-33 752 DATE: April 14, 2021 REMANDED Entitlement to service connection for a right knee disorder is remanded Entitlement to service connection for a left knee disorder is remanded. Entitlement to service connection for a joint disorder, to include arthritis and/or gout, to include of the right and left foot is remanded. Entitlement to service connection for a right foot disorder is remanded. Entitlement to service connection for a left foot disorder is remanded. REASONS FOR REMAND 1. Entitlement to service connection for a right knee disorder 2. Entitlement to service connection for a left knee disorder 3. Entitlement to service connection for a joint disorder, to include arthritis and/or gout, to include of the right and left foot The Board notes that the Veteran is in receipt of disability compensation from the Social Security Administration (SSA). However, there is no indication in the record that the RO ever sought to obtain these records. VA is required to obtain relevant records held by any Federal department or agency that the claimant adequately identifies and authorizes the Secretary to obtain. Therefore, these records must be acquired. 38 U.S.C. § 5103A(c)(3); Diorio v. Nicholson, 20 Vet. App. 193, 199-200 (2006); Tetro v. Gober, 14 Vet. App. 100, 108-09 (2000); Murincsak v. Derwinski, 2 Vet. App. 363, 372 (1992); but see Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010). 4. Entitlement to service connection for a right foot disorder is remanded. 5. Entitlement to service connection for a left foot disorder is remanded. The Veteran reports pain and numbness in both feet since 1964. The Veteran reports dropping Howitzer shells on his feet during service, which is consistent with his MOS of cannoneer in the Arkansas National Guard. Lay and medical evidence dated May 2015 and August 2015 indicate discolored and damaged toenails. The Veteran’s non-VA physician, in an August 2015 record, noted his symptoms and asked whether the Veteran had dropped anything on his feet. While this question does not qualify as a medical opinion, it indicates a possible nexus between the Veteran’s current foot disorders and an in-service event. Accordingly, remand for an examination is warranted. While the Veteran also ascribes his disorders to Agent Orange exposure, there is no indication that he was exposed to any herbicide agent in service. Accordingly, any opinions rendered should not incorporate claims of Agent Orange exposure. The matters are REMANDED for the following action: 1. Add all outstanding VA treatment records not currently associated with the Veteran’s claims file. If the Veteran has obtained treatment outside of VA, he should be afforded an opportunity to add any applicable records. 2. After obtaining any necessary authorization, obtain the Veteran's Social Security Administration (SSA) records, including the medical evidence used to determine his eligibility for supplemental security income. If no SSA records are available, it should be noted in the claims file. 3. The RO should undertake any additional development deemed necessary based on the results of the above development, to include any additional VA examinations. 4. Schedule the Veteran for a VA examination by an appropriate clinician for his right and left foot pain and damaged toenails. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran’s condition manifests in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinion(s) below. For each right or left foot disability diagnosed, the examiner is asked to provide a response to the following: Is the disability at least as likely as not related to service, including trauma from dropping Howitzer shells on the Veteran’s feet? Provide a rationale to support the opinion(s). 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 disability, 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.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Z. Maskatia