Citation Nr: 22019663 Decision Date: 04/02/22 Archive Date: 04/02/22 DOCKET NO. 18-21 503 DATE: April 2, 2022 REMANDED The claim for service connection for a right foot disability other than radiculopathy is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1980 to November 1983 and from November 1990 to June 1991, with additional service in the Army Reserve. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In April 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. 1. The claim for service connection for a right foot disability other than radiculopathy is remanded. In May 2014, the Veteran submitted a letter from a private physician indicating that she had diagnoses of osteoarthritis and enthesopathy of the right foot. Private podiatry treatment records from May 2014 and June 2014 show that the Veteran reported right foot and ankle pain, and the assessment included rule out partial tear of right palmaris longus tendon and rule out right palmaris longus tendonitis. During a February 2018 VA examination, the Veteran reported that her right leg was strained due to leaning on it from her back and that she had difficulty using her knees and ankles. The only diagnosis provided with respect to the right lower extremity was radiculopathy. In September 2021, the Board remanded the claim to obtain an opinion as to whether a current right foot/leg disability other than radiculopathy was caused or aggravated by the Veteran's service-connected bilateral lower extremity radiculopathy and/or low back disability. In November 2021, a VA examiner reviewed the evidence of record and opined that it was less likely than not that a current right foot/leg disability other than radiculopathy was caused or aggravated by the Veteran's service-connected bilateral lower extremity radiculopathy and/or low back disability. In support of this, the examiner explained that the Veteran vaguely described a right leg "strain" and issues with her knee and ankle; however, she did not have any objective findings of a specific leg condition identified on examination other than her already service-connected radiculopathy. The Board finds that another remand is necessary in order to obtain a new VA medical opinion because the examiner did not provide an opinion addressing the Veteran's osteoarthritis and enthesopathy of the right foot, rule out partial tear of right palmaris longus tendon, and rule out right palmaris longus tendonitis, which were diagnosed during the course of the claim. See McClain v. Nicholson, 21 Vet. App. 319, 321 (2007) (holding that the requirement that there be a current disability is satisfied when the disability is shown at the time of the claim or during the pendency of the claim, even if the disability subsequently resolves). The matters are REMANDED for the following action: Obtain another medical opinion with respect to the Veteran's claim for service connection for a right foot disability other than radiculopathy. Do not schedule the Veteran for another VA examination unless it is deemed necessary by the examiner to respond to the questions presented. After review of the claims file, the examiner should answer the following: (a.) Is it at least as likely as not a current right foot disability other than radiculopathy (including osteoarthritis and enthesopathy of the right foot, rule out partial tear of right palmaris longus tendon, and rule out right palmaris longus tendonitis) was caused by the Veteran's service-connected bilateral lower extremity radiculopathy and/or lumbar spine disability? Please explain why or why not. (b.) Is it at least as likely as not (that a current right foot disability other than radiculopathy (including osteoarthritis and enthesopathy of the right foot, rule out partial tear of right palmaris longus tendon, and rule out right palmaris longus tendonitis) was aggravated by the Veteran's service-connected bilateral lower extremity radiculopathy and/or lumbar spine disability? Please explain why or why not. (c.) If the examiner finds that a right foot disability was aggravated by a service-connected disability, the examiner should attempt to quantify the level of aggravation beyond the baseline level of the right foot disability. A rationale for all opinions must be provided. The examiner's opinion should reflect consideration of the following evidence: A May 2014 Letter from Dr. M. N. indicating that the Veteran was being treated for osteoarthritis and enthesopathy of the right foot (VBMS Medical Treatment Record Non-Government Facility, received 5/15/14). May 2014 and June 2014 private podiatry treatment records showing assessments of rule out partial tear of right palmaris longus tendon and rule out right palmaris longus tendonitis (VBMS Medical Treatment Records Non-Government Facility, received 6/23/14). K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Banister, 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.