Citation Nr: 21028834 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 14-18 817 DATE: May 12, 2021 REMANDED Service connection for a right foot skin condition. A temporary total rating due to treatment for a right foot skin condition. REASONS FOR REMAND The Veteran served on active duty from February 1974 to January 1975. The claim is on appeal from a June 2011 rating decision. In August 2017, the Veteran testified at a Board hearing. The Board denied this appeal in a December 2019 decision. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court), which issued an order in December 2020 granting a December 2020 Joint Motion for Partial Remand (JMPR). The Court's order remanded the matter for action consistent with the terms of the JMPR. The Board's December 2019 decision also remanded a claim of service connection for a skin condition of the groin. That issue was granted in full upon remand in a February 2021 rating decision. Hence, it is no longer on appeal. 1. Service connection for a right foot skin condition. The parties to the December 2020 JMPR agreed that remand was needed because a May 2011 VA examination report and October 2018 VA opinion, on which the Board relied, were inadequate because the examiners failed to address the Veteran's lay statements of symptoms. First, the parties explained that, in rendering a negative opinion, the May 2011 VA examiner reasoned that "[t]here is no evidence in the C-File of any foot fungus condition. The first mention of the [V]eteran's right foot fungus was in 200429 years after service." As the parties noted, the examiner's rationale did not reconcile that reasoning with the Veteran's reported medical history in which he said that he had the same symptoms of constant itchiness between the fourth and fifth toes as he did during service. Second, according to the December 2020 JMPR, the October 2018 VA examiner did not address (1) that part of the August 2017 Board hearing transcript where the Veteran indicated his rash started at his feet during basic training (August 22, 2017 hearing transcript at page 3); (2) a February 2012 VA Podiatry note where the Veteran reported his fungus started in service; (3) the Veteran's July 2011 Notice of Disagreement (NOD) reporting the onset of itching in-service and that he self-medicated until the condition became more severe; and (4) the March 2011 VA examination report where the Veteran reported he started having constant itchiness between his fourth and fifth toes. The parties agreed that remand was warranted for a new examination or medical opinion that adequately addresses the Veteran's foregoing lay statements as to his right foot symptomatology and allows for a fully-informed decision based on his medical history. Consistent with the concerns raised by the December 2020 JMPR, the Board now finds that remand for a new opinion is warranted. 2. A temporary total rating due to treatment for a right foot skin condition. The December 2020 JMPR found that this issue must be remanded as inextricably intertwined with the claim of service connection for right foot skin condition. Thus, this issue is also remanded. The matters are REMANDED for the following action: Obtain an opinion from an appropriate clinician regarding the Veteran's right foot skin condition. An in-person examination of the Veteran should be arranged if determined necessary by the appointed examiner. The examiner is asked to address whether the current diagnosis is at least as likely as not related to an in-service injury, event, or disease. In answering this question, the examiner must address: (a.) That part of the August 2017 Board hearing transcript where the Veteran indicated his rash started at his feet during basic training (August 22, 2017 hearing transcript at page 3); (b.) A February 2012 VA Podiatry note where the Veteran reported his fungus started in service; (c.) The Veteran's July 2011 NOD reporting the onset of itching in-service and that he self-medicated until the condition became more severe; and (d.) The March 2011 VA examination report where the Veteran reported he started having constant itchiness between his fourth and fifth toes. (Continued on the next page) As indicated, in answering these questions, the examiner is asked to consider the statements from the Veteran indicating that symptoms occurred during service. The examiner is asked to explain why his statements make it more or less likely that a current condition started during service. If indicated, it should be explained whether there is a **medical** reason to believe that the Veteran's recollection of his symptoms during and after service may be inaccurate or not medically supported as the onset or cause of his current diagnosis. The examiner should not rely on silence in the medical records unless it can be explained: (a) why the silence in the available records can be taken as proof that the symptom(s) did not occur, including why the fact would have normally been recorded if present, or (b) why the absence of medical records is medically significant. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Bosely, 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.