Citation Nr: 21031006 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 14-29 429 DATE: May 20, 2021 REMANDED Entitlement to service connection for bilateral pes planus is remanded. Entitlement to service connection for a sleep disorder, to include sleep apnea, to include as secondary to a service-connected disability, is remanded. Entitlement to service connection for peripheral vascular disease, to include as secondary to a service-connected disability, is remanded. Entitlement to service connection for right leg cellulitis, to include as secondary to a service-connected disability, is remanded. Entitlement to service connection for hypothyroidism, to include as secondary to a service-connected disability, is remanded. Entitlement to service connection for migraine headaches, to include as secondary to a service-connected disability, is remanded. REASONS FOR REMAND The Veteran served in the Marine Corps Reserve and had active duty for training (ACDUTRA) from August 6, 1980 to October 31, 1980, and from March 15, 1981 to March 28, 1981. He also had various periods of inactive duty for training (INACDUTRA) through August 1986. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). The issues were previously before the Board in May 2018, where they were remanded for additional development. The Veteran testified before the undersigned Veterans Law Judge in May 2015. While the Board regrets further delay, the Veteran's claims must once again be remanded for additional development. 1. Service connection for bilateral pes planus. The Veteran's claim was previously remanded by the Board, in part, for the RO to obtain any additional STRs, as only his entrance examination and report of medical history were of record as a small part of his service personnel records. While the record reflects that additional personnel records were obtained, no formal finding was made as to the existence of any additional treatment records. Thus, the matter must be remanded for an additional attempt to obtain any missing STRs. If the RO determines that no additional records exist, a formal finding of their unavailability should be issued to the Veteran and his representative. 2. Service connection for a sleep disorder, peripheral vascular disease, right leg cellulitis, hypothyroidism, and migraine headaches. The Veteran's remaining claims were remanded to obtain VA examinations and opinions to address whether it was at least as likely as not that his claimed disabilities were secondary to his now service-connected PTSD, which was provided in December 2020. Establishing service connection on a secondary basis requires evidence sufficient to show: (1) that a current disability exists; and (2) that the current disability was either (a) caused or (b) aggravated by a service-connected disability. 38 C.F.R. § 3.310; Allen v. Brown, 7 Vet. App. 439 (1995). Here, while the VA examiner provided negative opinions that the Veteran's disabilities were not proximately due to his service-connected PTSD, no opinion was provided as to aggravation. Further, as the RO subsequently granted service connection for several additional claims, additional opinions should be obtained as to whether any of the Veteran's claimed disabilities were caused or aggravated by any service-connected disability. The matters are therefore REMANDED for the following action: 1. Ask the Veteran to identify any outstanding treatment records relevant to his claims. All identified VA records should be added to the claims file. All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 2. Undertake all necessary actions to obtain the Veteran's complete STRs dated from November 1979 to August 1986. All requests and responses received from each contacted entity should be associated with the claims file. The Board notes that only the Veteran's November 1979 entrance examination and report of medical history are of record. If no additional records exist or the requested records are unavailable, issue a formal finding of unavailability and notify the Veteran and allow him the opportunity to submit any STRs in his possession. If additional records are obtained, any additional development deemed necessary should be conducted, to include obtaining a VA foot examination and etiological opinion. 3. After records development is completed, the claims file should be sent to an appropriate examiner to offer an opinion as to whether any current sleep, peripheral vascular, cellulitis, hypothyroidism, or headache disability was at least as likely as not (a) caused, or (b) aggravated (i.e., worsened beyond its natural progression) by a service-connected disability, to include PTSD, coronary artery disease, diabetes mellitus, type 2, and hypertension. The need for any additional physical examination is left to the discretion of the examiner. A rationale for all opinions is requested as adjudicators are precluded from making any medical findings. P.M. DILORENZO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Scarduzio, 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.