Citation Nr: 21041519
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 11-15 057A
DATE: July 9, 2021

REMANDED

Entitlement to service connection for a bilateral foot disability, to include as secondary to back and/or left knee disabilities, is remanded.

REASONS FOR REMAND

The Veteran had active duty service from May 1997 to May 2001.

This appeal comes to the Board of Veterans' Appeals (Board) from a rating decision dated July 2010 issued by a Department of Veterans Affairs (VA) Regional Office. The Veteran timely appealed.

The Veteran's appeal has previously been before the Board. In September 2014, November 2017, and October 2020 the Board remanded the Veteran's claim to the Agency of Original Jurisdiction (AOJ) for additional development.

Entitlement to service connection for a bilateral foot disability, to include as secondary to back and/or left knee disabilities, is remanded.

The Veteran asserts that his bilateral foot disability is related to his military service. Specifically, he contends that his bilateral foot disability is secondary to his service-connected low back and left knee disabilities.

In an October 2020 BVA decision, the Board remanded the Veteran's claim for a new VA examination. The Board found that the March 2018 VA opinion was inadequate and determined that an addendum medical opinion should be obtained that provided an adequate rationale as to whether the Veteran's bilateral foot disabilities were secondary to or aggravated by his service-connected back and/or left knee disabilities.

Thereafter, the Veteran was scheduled for a VA examination in April 2021 for his bilateral foot disability.

However, an April 2021 Report of General Information noted that the Veteran called to reschedule his examination. The report provided, "The Veteran will miss the exams because the Veteran is out of the country working in Kuwait and don't know when he will return stateside might be a year. The Veteran [is] requesting the VA to make a decision on the evidence they have." See Report of General Information dated April 2021.

In this case, although the Veteran cancelled his VA examination, he provided good cause for this cancellation. The Board acknowledges that the Veteran is currently unable to be present for an examination in person. However, the VA examiner who provided the March 2018 examination can provide an addendum opinion, with accompanying rationale, without performing an in-person examination, which would satisfy the October 2020 BVA remand directives.

Therefore, the Board finds that a remand is required in order to obtain an addendum opinion from the March 2018 VA examiner that discusses whether it is at least as likely as not that the Veteran's bilateral foot disorders are caused, or aggravated by his service-connected back and/or left knee disabilities.

Accordingly, the matter is REMANDED for the following action:

1. Request an addendum opinion from the same examiner who provided the March 2018 opinion addressing whether it is at least as likely as not that the Veteran's bilateral foot disorders are (i) caused, or (ii) aggravated by his service-connected back and/or left knee disabilities.

Note that aggravation means any incremental increase in disability in non-service-connected disabilities (i.e., any additional impairment of earning capacity) resulting from service-connected conditions. The opinion must address all disorders diagnosed in the March 2018 VA foot examinations.

In providing the requested rationale, the examiner is asked to cite to the pertinent lay and medical evidence of record. 

 

LAURA E. COLLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Bristor

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.