Board reasoning
The Board remands the claim to obtain a new examination addressing secondary aggravation and potential direct service connection, including consideration of the in-service foot injury and symptom history. The medical opinion must discuss both secondary and direct theories and provide a complete rationale.
Citation Nr: A26069977
Decision Date: 07/30/26 Archive Date: 07/30/26
DOCKET NO. 260320-656401
DATE: July 30, 2026
REMANDED
Entitlement to service connection for Morton's neuroma and/or hallux valgus is remanded.
REASONS FOR REMAND
The Veteran had active military service from July 2003 to July 2007. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2025 rating decision issued by the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).
In the March 2026 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the direct review docket. Therefore, the Board may only consider the evidence of record at the time of the July 2025 rating decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801 (2025).
However, because the Board is remanding the claim on appeal, any evidence the Board could not consider will be considered by the AOJ in the adjudication of those claims. 38 C.F.R. § 3.103(c)(2)(ii) (2025).
The Veteran contends that his Morton's neuroma and/or hallux valgus are secondary to service-connected right foot strain with metatarsalgia. Prior to issuance of the rating decision on appeal, the Veteran last reported for VA examinations in December 2024 and June 2025. However, the Board finds that the AOJ did not obtain an opinion which addresses the Veteran's entitlement to service connection on a secondary aggravation basis. Furthermore, the evidence of record reasonably raised the issue of entitlement to service connection on a direct basis. However, the examiners failed to address the Veteran's in-service foot injury. See Barr v. Nicholson, 21?Vet. App.?303 (2007) (holding that once VA has provided a VA examination or obtained a medical opinion, it is required to provide or obtain one that is adequate for the purpose sought). Therefore, a remand is required for corrective action. 38?C.F.R. §?20.802(a) (2025).
The matter is REMANDED for the following action:
Schedule the Veteran for an examination to determine the nature and etiology of the Veteran's claimed Morton's neuroma and hallux valgus. The claims file must be made available to and reviewed by the examiner. Any indicated studies should be performed.
Based on the examination results and the review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (likelihood is at least approximately balanced or nearly equal, if not higher) that the Veteran's claimed Morton's neuroma and/or hallux valgus are etiologically related to his active service. In forming the opinion, the examiner must address the Veteran's in-service foot injury, and reports regarding the onset and continuity of his symptoms.
Then, the examiner should determine whether it is at least as likely as not (likelihood is at least approximately balanced or nearly equal, if not higher) that the Veteran's claimed Morton's neuroma and/or hallux valgus were caused by, aggravated (chronically worsened) by, or would not have occurred but for service-connected right foot strain with metatarsalgia, to specifically include any altered gait and/or body mechanics resulting from thereof.
A complete and detailed rationale must be provided for all opinions expressed.
Kristin Haddock
Veterans Law Judge
Board of Veterans' Appeals
Attorney for the Board D. Ware, 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.