Citation Nr: 21024072
Decision Date: 04/22/21	Archive Date: 04/22/21

DOCKET NO. 16-40 697
DATE: April 22, 2021

REMANDED

Entitlement to service connection for bilateral foot disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1983 to April 1985. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran appeared at a Board hearing before the undersigned Veterans Law Judge in October 2016.  A transcript of the hearing is in the Veteran’s file.

This matter was previously before the Board in February 2019, at which time it was remanded for further development. However, the Board finds that another remand is required prior to final adjudication of the matters.

Entitlement to service connection for bilateral foot disorder is remanded.

The purpose of the prior Remand was to obtain clarifying opinions.  First, whether pes cavus was aggravated during service.  Second, to clarify the cause of any other current foot disability.  The subsequently obtain opinion indicated that pes cavus was not aggravated during service.  (Notably, the examiner no longer considered it present.) In addressing the Veteran’s other diagnoses, however, (hallux valgus, and hammer toes), the examiner did not address whether the multiple in-service complaints which she referenced were signs of the initial onset of these conditions.  In this regard, the opinion indicated hallux valgus has a gradual onset, (but may be hereditary and arise from ill-fitting footwear). Regarding, hammer toes the examiner indicated it may result from arthritis, heredity and/or ill-fitting foot wear.  Clarification should be sought on remand.   

The matters are REMANDED for the following action:

1. Provide the claims file to the person who conducted the May 2020 examination of the Veteran, or another appropriate person, for a medical opinion that addresses whether the in-service foot complaints referenced by the May 2020 examiner were the early symptoms of either hallux valgus, or hammertoes, or both.  The reasons for the opinion expressed should be set out in the report.  

2. After any further development as may be indicated has been accomplished, readjudicate the issue on appeal.

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	B. Jaigirdar, 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.