Citation Nr: 21025708 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 20-16 101 DATE: April 28, 2021 REMANDED Entitlement to service connection for a right hand disorder, other than residuals of a 2nd and 3rd metacarpal fractures of the right hand, is remanded. Entitlement to service connection for a bilateral foot disorder, to include cold injury residuals, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1959 to August 1961, followed by service in the District of Columbia (D.C.) Army National Guard from 1961 to 1965. The Veteran testified at an October 2020 virtual Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file. The Veteran’s claims were most recently denied in a September 2002 rating decision. Since that time, relevant service records have been associated with the file. Accordingly, the Board need not reopen the issues on appeal before addressing their merits. See 38 C.F.R. § 3.156(c). A February 1960 service treatment record (STR) indicated the Veteran received treatment at the U.S. Army Hospital in Frankfurt for a complaint of “sore feet.” Although some of the Veteran’s Army Hospital records are associated with the claims file, it is not clear if they are complete. On remand, the agency of original jurisdiction (AOJ) should make a specific request for all available records from the U.S. Army Hospital in Frankfurt. Further, the Veteran testified that after service with the Army, he had service with the Army National Guard. He testified that he received treatment for his right hand and bilateral feet during service with the National Guard. T. at 22. On remand, treatment records from the Veteran’s service with the Army National Guard should be requested. With respect to the Veteran’s right hand disability claim in particular, the Board acknowledges that the AOJ has already awarded service connection for residuals of fractures of the 2nd and 3rd metacarpals, of the right hand. Insofar as the Veteran is claiming entitlement to service connection for a right hand disability other than these fracture residuals, the Board notes that an October 2018 examination found the Veteran to have mild right hand arthritis. Also, a June 2018 VA treatment records indicated the Veteran had right hand arthritis and that the Veteran wears a right hand brace. The October 2018 examiner however did not address these diagnoses in the medical nexus opinion. On remand, a new medical opinion should be obtained. Concerning the Veteran’s foot disability claim, an October 2018 examiner indicated the Veteran had a diagnosis of bilateral foot metatarsalgia. However, a June 2001 VA treatment record shows the Veteran has bilateral foot neuropathy and a September 2015 VA treatment records indicated the Veteran had a diagnosis of bilateral foot arthritis. The examiner did not address these diagnoses in the evaluation or opinion, nor did the examiner address the Veteran’s assertions that his current foot disabilities could be the result of cold exposure. On remand, a new opinion should be obtained. The matters are REMANDED for the following action: 1. Take all appropriate steps to request and obtain records of any hospital treatment at Army Hospital Frankfurt, Germany from January 1960 to August 1961 that are not already of record. Document all requests for information as well as all responses in the claims file. 2. Obtain the Veteran’s medical records from the Army National Guard from September 1961 to September 1965. Document all requests for information as well as all responses in the claims file. 3. Schedule the Veteran for a hand examination to determine the nature and etiology of any right hand disorder, to include arthritis. The claims file should be sent to, and reviewed by the examiner. Upon review of the record, and examination of the Veteran, the examiner should respond to the following: a) Please clarify all current disabilities of the right hand other than 2nd and 3rd metacarpal fracture residuals. b) For each disability identified, to include arthritis, please indicate whether such at least as likely as not (50 percent or greater probability) had onset in, or is otherwise related to the Veteran’s in-service hand injury involving a tank door. c) For each disability identified, to include arthritis, please indicate whether it is at least as likely as not that such was caused or aggravated by his service-connected 2nd and 3rd metacarpal fracture residuals. All opinions should be supported by a medical explanation or rationale. 4. Schedule the Veteran for a foot examination to assess the nature and etiology of his claimed foot disorders. The claims file should be sent to, and reviewed by the examiner. The examiner should take a history from the Veteran as to the progression of the claimed disability. Upon review of the record, interview and examination of the Veteran, the examiner should respond to the following: a) Please clarify all current disabilities to the feet, to include any current neurological or arthritic disabilities. b) For each disability identified, is it at least as likely as not (50 percent or greater probability) that such had onset in, or is otherwise related to the Veteran’s period of active duty service, to specifically include complaints in 1960 of “sore feet,” and his assertion that his current disability could be due to in-service cold exposure while stationed in Germany. All opinions should be supported by a medical explanation or rationale. (Continued on Next Page) 5. Then, readjudicate the issues on appeal. V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Thompson, 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.