Citation Nr: 21042599
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 18-30 627
DATE: July 13, 2021

REMANDED

Entitlement to service connection for a right toe condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1980 to April 1984 in the United States Navy. The claim was most recently remanded by the Board in June 2020. There has not been substantial compliance with the remand directives and the claim must be remanded again. Stegall v. West, 11 Vet. App. 268 (1998).

Entitlement to service connection for a right toe condition is remanded.

The claim must be remanded again because the medical opinion obtained after the most recent Board remand is inadequate. The October 2020 VA medical opinion is based on the lack of documented continuity of care or "chronicity" for the Veteran's claimed right toe condition.  The Board finds this opinion inadequate as it does not appear to consider the Veteran's sworn testimony.  Therefore, further remand is necessary. 

The matters are REMANDED for the following action:

1.  Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's right toe condition is at least as likely as not related to his in-service right toe injury.  Copies of all pertinent records must be made available to the examiner for review.  The examiner must address the Veteran's competent sworn testimony regarding continuity of symptoms and self-treatment of her right toe condition.

The examiner is advised that a medical opinion premised solely on the absence of evidence of treatment or a lack of "continuity of care" will be returned as legally inadequate.

A complete rationale must be provided for all opinions given.  If an opinion cannot be provided, the examiner must explain why. 

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P.S. McLeod

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.