Citation Nr: 0810049 Decision Date: 03/26/08 Archive Date: 04/09/08 DOCKET NO. 04-25 962 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for bilateral pes planus. 2. Entitlement to service connection for a bilateral knee disorder. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD A. Lindio, Associate Counsel INTRODUCTION The veteran had active service from September 1999 until August 2002. This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from a February 2003 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The veteran also requested a hearing before a member of the Board, which was scheduled for January 7, 2008. The record indicates that the veteran failed to appear for her hearing. Because the veteran has neither submitted good cause for failure to appear or requested to reschedule the hearing, the request for a hearing is deemed withdrawn. See 38 C.F.R. § 20.704(d). The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The veteran essentially contends that her pre-existing bilateral pes planus and her bilateral knee disorder were either caused by or aggravated by service. Her August 1999 enlistment examination noted that she had asymptomatic, mild pes planus. The veteran reported having previously been outfitted with custom orthotics prior to service and that her heel pain had progressively worsened over the past few years to the Medical Board in March 2001. Medical records of her pre-service treatment for her bilateral foot disorder have not been associated with the claims file. Given the nature of her present claim, the medical records related to her pre-service pes planus would be relevant to her claim and should be obtained. Additionally, the veteran's service medical records indicate that she repeatedly received treatment for bilateral pes planus and bilateral knee pain during service. Given the nature of the current claim, medical examinations are necessary to determine the nature and etiology of her pes planus and claimed bilateral knee disorder. Accordingly, the case is REMANDED for the following actions: 1. The RO/AMC should contact the veteran and request information concerning her medical treatment prior to her service, specifically including the medical provider for her pre- service custom orthotics. The RO/AMC should also request information for all other treatment providers related to her claimed disorders not already of record. After obtaining the necessary authorizations from the veteran, the RO/AMC should then obtain the veteran's applicable medical records and associate them with the claims file. 2. After the requested medical records have been associated with the claims file or an adequate period of time has passed after contacting the veteran, the RO should arrange for the veteran to undergo an appropriate VA examination to determine the nature, extent, onset, and etiology of any pes planus disorder found to be present. The claims folder should be made available to and be reviewed by the examiner. All indicated studies should be performed, and all findings should be reported in detail. The examiner should opine as to whether it is at least as likely as not (that is, at least a 50-50 degree of probability) that pes planus was aggravated by service, and if possible to what extent it was aggravated beyond the natural progression of the disorder. In discussing his/her opinions, the examiner should acknowledge the veteran's lay statements of record relating to the onset of the veteran's disorder. The rationale for all opinions expressed should be provided in a legible report. 3. The RO should also arrange for the veteran to undergo an appropriate VA examination to determine the nature, extent, onset, and etiology of any bilateral knee disorder found to be present. The claims folder should be made available to and be reviewed by the examiner. All indicated studies should be performed, and all findings should be reported in detail. The examiner should opine as to whether it is at least as likely as not (that is, at least a 50-50 degree of probability) that any bilateral knee disorder found to be present had its onset in or is related to service. The VA examiner should also provide an opinion as to whether any knee disorder found was aggravated by service or developed due to the veteran's claimed aggravation of her pes planus. In discussing his/her opinions, the examiner should acknowledge the veteran's lay statements of record relating to the onset of the disorder. The rationale for all opinions expressed should be provided in a legible report. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ L. M. BARNARD Acting Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2006).