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Court of Appeals for Veterans Claims Brief: BVA Denial of Servie Connection (Brief 1, p 7)

Disabilities: Stomach Disorder, metatarsalgia of the right foot, and Bilateral foot and leg disorder

Court of Appeals for Veterans Claims Brief: BVA Denial

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On May 2, 2003, the RO issued a Decision on the claim for low back condition secondary to metatarsalgia right foot stating that they had denied the claim since the service medical records did not show treatment or a diagnosed back condition during the veteran's period of active military service (R. 708-715), and stating that an examiner of March 18, 2002, stated it was unlikely that the veteran's low back condition was related to the veteran's service connection right foot metatarsalgia (R. 712). The Decision stated that the following conditions were not service connected, not incurred/caused by service: headaches, bilateral leg and foot condition, arthritis, exposure to chemicals, and stomach condition. It stated that the low back condition secondary to service connected metatarsalgia, right foot was not service connected, not secondary (R713.)

On January 24, 2004, the BVA remanded the veteran's claims to the RO, stating the RO (1) should determine whether the veteran wants any addition hearing before the RO or the Board since the Veterans Law Judge who presided over the Board hearing in January 1999 was no longer employed by the Board; (2) should obtain updated medical treatment records from Dr. Bowser, including the record from Janaury 10, 2003; (3) should arrange for the veteran's claims folder, with the report of the March 2002 VA examination, to be returned to Dr. Banda for preparation of an addendum to his report stating whether there is any evidence of arthritic process in the right foot, stating whether any arthritis present is at least as likely as not part of the veteran's service-connected right foot metatarsalgia or a separate process that is direct or secondary result from the veteran's metatarsalgia, or, due exclusively to service-connected metatarsalgia; (4) readjudicate the issue of the veteran's entitlement to a rating in excess of 10% for metatarsalgia of the right foot; and (5) readjudicate the issues whether new and material evidence has been submitted to reopen a claim for service connection for stomach disorder and low back disorder secondary to right foot metatarsalgia. (R. 629).

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