Citation Nr: 21026822 Decision Date: 05/04/21 Archive Date: 05/04/21 DOCKET NO. 14-27 498 DATE: May 4, 2021 REMANDED Service connection for a right foot disability. Service connection for a left foot disability. REASONS FOR REMAND The Veteran served on active duty from February 1966 to December 1967. The case is on appeal from an August 2012 rating decision. Procedurally, the claims were reopened by the Board in November 2016 and remanded for further development. In April 2018, the Board denied the claims. The Veteran subsequently appealed to the United States Court of Appeals for Veterans Claims (Court). Pursuant to a July 2019 Joint Motion for Remand (JMR), the Court issued a July 2019 Order that vacated the Board's April 2018 decision and remanded the claims to the Board for further development. Most recently, the claims were remanded by the Board in December 2019 for further development. 1. Service connection for a right foot disability. 2. Service connection for a left foot disability. The Veteran contends that his current bilateral foot disorders had their onset during service. He asserts his bilateral foot conditions began while performing the duties of his military occupational specialty (MOS) of military policeman, including standing on gate duty and pulling patrol. The Veteran's service treatment records (STRs) are silent for complaints, treatment or diagnosis for foot problems. However, his initial post-service claim of service connection for his feet was submitted in September 1974. Following the April 2011 claim, significant lay evidence was submitted in support. In June 2016, statements from the Veteran's brother and friends indicated that the Veteran was in good health prior to entering service and only after his separation from service, did he experience problems with his feet. These statements reported the Veteran's problems included difficulty walking and standing for long periods. Additionally, a statement from the Veteran indicated that his feet progressively worsened during service to the point where he was taken off patrol duty. Moreover, he stated, "if you were not very sick you could not take time to go to the doctor without getting into trouble." As noted, following the April 2018 denial of service connection by the Board, a July 2019 JMR was issued vacating the denial. The claims were remanded by the Board in December 2019 for further development, including a VA examination by a podiatrist to determine the etiology of the Veteran's foot disorders. He was afforded a January 2021 VA examination in which he was diagnosed with hammer toes. Associated radiological testing revealed osteopenic changes of all bony structures of the right and left feet. Thereafter, a March 2021 VA opinion was provided by a podiatrist which indicated the Veteran's bilateral foot disorders are not causally related to service. She indicated there are no STRs which contain foot complaints, including the report of medical history from February 1966 which shows "no foot trouble" and "normal feet." She stated the Veteran did not file a foot complaint until August 1974, after he was out of service for 7 years, and there is no supporting medical documentation associated with the initial claim. The examiner reported there is not sufficient evidence of what foot conditions or problems existed at that time. She further stated it would be speculation that the Veteran's present foot pain was caused from service so many years prior without corresponding examinations. Despite the recent VA opinion, the Board finds remand for an additional VA opinion is necessary. The March 2021 VA examiner, although a podiatrist, did not adequately address the lay evidence of record which supports that the Veteran's feet trouble had its onset during service and continued thereafter. Such discussion of the lay evidence is required per the July 2019 JMR and prior Board remands. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The recent VA opinion also did not sufficiently discuss the Veteran's initial post-service September 1974 claim, filed less than seven years following service. Thus, the Board finds another VA opinion from a podiatrist is warranted to determine whether the Veteran's bilateral foot disorders had their onset during service. The matters are REMANDED for the following action: Forward the claims file to a Podiatrist to provide an opinion as to whether the Veteran's bilateral foot disorders are causally related to service. The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran's bilateral foot disorders had their onset during, or are otherwise related to, service, to include the duties related to his MOS of military policeman. The examiner should address the lay evidence in support, which asserts that the onset of the Veteran's bilateral foot disorders was during service. The examiner should also acknowledge and discuss that the Veteran's initial claim was submitted following service in September 1974. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Isaacs, 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.