Citation Nr: 22018468 Decision Date: 03/29/22 Archive Date: 03/29/22 DOCKET NO. 17-49 931 DATE: March 29, 2022 REMANDED Entitlement to service connection for hallux rigidus, right foot, is remanded. Entitlement to service connection for hallux rigidus, left foot, is remanded. Entitlement to higher ratings for hallux valgus, right foot, currently evaluated as noncompensable prior to November 15, 2021, and 10 percent disabling thereafter, is remanded. Entitlement to higher ratings for hallux valgus, left foot, currently evaluated as noncompensable prior to November 15, 2021, and 10 percent disabling thereafter, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1995 to September 1999. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). Procedurally, the Veteran did not report for a scheduled virtual hearing in November 2021. She has not requested that the hearing be rescheduled, or provided good cause for her failure to appear. Thus, the hearing request is considered withdrawn. See 38 C.F.R. § 20.704(d). Additionally, the Veteran has properly appealed several matters under the modernized review system (known by the Board as AMA). 38 C.F.R. § 19.2. As these matters exist under a distinct appellate system, they cannot be merged with the appeal stream addressed herein. Unfortunately, remand is necessary for additional development prior to adjudication on the merits. With respect to the service connection claims, a November 2021 VA examination records bilateral hallux rigidus with an onset of approximately 1996. However, the examiner offers no rationale to support this diagnostic history, and the Veteran's service treatment records (STRs) are silent for this specific diagnosis. An addendum opinion is required on this point. With respect to the increased rating claims, the claims file contains a December 2015 Disability Benefits Questionnaire (DBQ) that appears to have been submitted by the Veteran. Unfortunately, the last page of this DBQ is illegible. On remand, the December 2015 DBQ should be re-scanned so that legible copies can be uploaded into VBMS. If re-scanning does not yield legible copies or if any page of the DBQ was received in an illegible state, an additional copy should be requested from the Veteran and her attorney. Finally, an addendum VA medical opinion should be obtained as to whether the Veteran's coexisting foot disabilities are shown by separate and distinct symptomatology, as this is not clear from the current evidence of record. The matters are REMANDED for the following actions: 1. Re-scan the DBQ received by VA in December 2015 into VBMS and ensure that the copy uploaded is legible. If the original DBQ received from the Veteran is similarly illegible, make all appropriate efforts to obtain an additional copy, to include asking the Veteran and her attorney to submit a new copy. 2. Schedule the Veteran for an examination to assess the nature and etiology of the claimed bilateral hallux rigidus. The claims file and a copy of this remand must be made available for review. After examination of the Veteran and review of the claims file, the examiner shall provide the following opinions: a. Did the Veteran demonstrate a distinct diagnosis of bilateral hallux rigidus during the period on appeal? If the examiner concludes that the Veteran has distinct diagnoses of bilateral hallux valgus and bilateral hallux rigidus, he or she must indicate whether the symptoms of each can be separately identified. If so, the examiner should report which of the Veteran's symptoms are attributable to which diagnosis. b. If so, is it at least as likely as not (50 percent or greater probability) that the diagnosed bilateral hallus rigidus began in service, was caused by service, or is otherwise related to service? **The examiner must address the November 2021 VA examination which diagnosed bilateral hallux rigidus, with an onset of approximately 1996. c. For any current and distinct diagnosis of bilateral hallux rigidus, is it at least as likely as not 50 percent or greater probability) that such condition is related to, caused by, or aggravated by the Veteran's service-connected bilateral hallus valgus? In formulating the opinions, the examiner is advised that the term "at least as likely as not" does not mean "within the realm of possibility." Rather, it means that the weight of the medical evidence for and against the claim is so evenly divided that it is as medically sound to find in favor of the claim as it is to find against it. A complete rationale should be provided for all opinions or conclusions expressed. It should be noted that the Veteran is competent to attest to observable symptomatology. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. 3. Then, readjudicate the issues on appeal. Megan R. Thomas Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Kovarovic, 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.