Citation Nr: 22018459 Decision Date: 03/29/22 Archive Date: 03/29/22 DOCKET NO. 18-09 991 DATE: March 29, 2022 REMANDED Entitlement to service connection for cervicalgia (also claimed as neck pain and occipital neuralgia) is remanded. Entitlement to service connection for bilateral foot disability (also claimed as paresthesias, plantar fasciitis, and altered gait) is remanded. Entitlement to service connection for bunions, bilateral feet is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1990 to April 1991, with subsequent service in the Navy Reserve. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an April 2017 Rating Decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a Board hearing before a Veterans Law Judge (VLJ) in June 2020. A transcript of that hearing has been associated with the claims file. The Board remanded the issues on appeal for additional development in October 2021, however, there has not been substantial compliance with the remand instructions. See Stegall v. West, 11 Vet. App. 268 (1998); D'Aries v. Peake, 22 Vet. App. 97, 105 (2008). Entitlement to service connection for cervicalgia, bilateral foot pain and bunions is remanded. The Veteran contends her neck and foot disabilities began during periods of ACDUTRA. Specifically, the Veteran reports bilateral foot pain since June 1992. She reports her neck pain began in May 1994 from hauling luggage for training, In its July 2015 remand, the Board asked the RO to verify through official sources, any periods of active duty for training (ACDUTRA) and/or inactive duty for training (INACDUTRA). The RO's findings regarding the Veteran's periods of service were to be set out in a memorandum. Numerous personnel records were subsequently associated from the file, but it remains unclear when her specific dates of ACDUTRA and INACDUTRA occurred. Nevertheless, carefully examining these documents show periods of ACDUTRA took place between June 1, 1992 and June 13, 1992, and between May 23, 1994 and June 3, 1994. Service treatment records (STRs) show complaints of pain in both feet due to military shoes and the presence of bunions June 4, 1992, and neck complaints were documented in a record dated May 31, 1994. After further efforts are made to ascertain more precisely, the Veteran's periods of ACDUTRA and INACDUTRA, she should be afforded an examination whose report should identify the current neck and foot disabilities, and include an opinion as to whether they were incurred or aggravated during a period of qualifying service. The matters are REMANDED for the following action: 1. Ask the Veteran to identify any additional relevant records he wishes considered regarding this appeal, which records should be sought. 2. Verify through appropriate sources any period(s) of active duty for training (ACDUTRA) and/or inactive duty for training (INACDUTRA) the Veteran served. The specific dates that the Veteran served for each type of verified service should be set out in a Memorandum that is added to the claims file. 3. After the record development is accomplished, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any foot condition. The examiner should identify all foot conditions present, to include verifying whether bunions and plantar fascitis are present, and provide opinions addressing the following: (a.) Whether any foot condition had its onset during a period of ACDUTRA or INACDUTRA, including in June 1992. Whether any foot condition was aggravated/increased in severity during a period of ACDUTRA or INACDUTRA, including in June 1992. The reasons for the examiner's conclusions should be explained, and include consideration of the Veteran's description of her relevant medical history. 4. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of her neck condition. The examiner should identify all neck conditions present and provide an opinion addressing the following: (a.) Whether a neck disability had its onset during a period of either ACDUTRA or INACDUTRA, including in May 1994. (b.) Whether any neck disability was aggravated/increased in severity during a period of ACDUTRA or INACDUTRA. The reasons for the examiner's conclusions should be explained, and include consideration of the Veteran's description of her relevant medical history. 5. Thereafter, readjudicate the claims on appeal. M. E. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Jaigirdar, Associate 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.