Citation Nr: 21022816 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 19-21 464 DATE: April 19, 2021 REMANDED Entitlement to service connection for a left toenail disability, claimed as ingrown toenails, is remanded. Entitlement to service connection for right toenail disability, claimed as ingrown toenails, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 2002 to July 2006. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to service connection for left ingrown toenails 2. Entitlement to service connection for right ingrown toenails The Veteran contends that he has had problems with his toenails since service. Specifically, in his July 2019 Notice of Disagreement (NOD), he stated that he was issued a pair of combat boots that caused the toenails on both feet to grow improperly and become chronically ingrown. The Veteran filed a claim seeking service connection for bilateral ingrown toenails. However, the evidence of record shows the Veteran has also been diagnosed with, and treated for, toenail fungus and onychomycosis. According to the United States Court of Appeals for Veterans Claims (the Court), when a claimant makes a claim, he is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled. See Clemmons v. Shinseki, 23 Vet. App. 1 (2009). Therefore, the Board will recharacterize the Veteran’s left and right ingrown toenail claim pursuant to Clemmons, as one for entitlement to service connection for left and right ingrown toenails, to include other toenail disabilities. The Board cannot make a fully-informed decision on the issues of entitlement to service connection for left and right ingrown toenails, to include other toenail disabilities, because no VA examiner has opined whether the Veteran has a toenail disability that is related to active duty. The Board notes, in his June 2018 NOD, the Veteran identified relevant outstanding private treatment records concerning his toenail disability. On remand, the Veteran should be requested to submit or authorize VA to obtain these records. The matters are REMANDED for the following action: 1. Contact the Veteran and request that he complete a VA Form 21-4142 for Dr. Middleton. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile. 2. Obtain an addendum opinion by an appropriate medical professional to determine the nature and likely etiology of any current toenail disability, to include a discussion of ingrown toenails, toenail fungus and onychomycosis. The Veteran’s claims folder must be made available to the examiner. All diagnostic testing deemed to be necessary by the examiner should be accomplished. After reviewing the record, the examiner should: (a.) Identify all current toenail disabilities present during the appeal period. (b.) For any toenail disability identified, opine as to whether it is at least as likely as not (i.e. a 50 percent or greater probability) that the disability had onset in, or is otherwise related to the Veteran’s period of active duty service. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 3. Once the above request has been completed, to the extent possible, readjudicate the appeal. M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Aston, 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.