Citation Nr: 18140408 Decision Date: 10/03/18 Archive Date: 10/03/18 DOCKET NO. 15-42 819A DATE: October 3, 2018 ORDER Service connection for bilateral pes planus is granted. VETERAN’S CONTENTIONS The Veteran contends that his bilateral pes planus disability had its onset in service. He asserts that when he entered service in 1970, his feet were “perfectly fine.” Then, during basic training, he began to feel pain, burning, and numbness in his feet that continued through infantry training, and progressed to the point that he was placed on light duty and reassigned to be a supply clerk. FINDING OF FACT The Veteran’s bilateral pes planus first manifested during his first period of active service and has continued since. CONCLUSION OF LAW The criteria for service connection for bilateral pes planus are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1970 to November 1973, and from November 1974 to January 1989. This matter is before the Board following his appeal of an April 2012 rating decision. The Board notes that the Veteran previously filed a claim of entitlement to service connection for bilateral pes planus that became final. See January 2005 rating decision and notification letter. Pursuant to 38 C.F.R. § 3.156, a claimant may reopen a finally adjudicated claim by submitting new and material evidence. The Board finds that such evidence has been received regarding the Veteran’s claim of entitlement to service connection for bilateral pes planus. Thus, it is reopening the claim, and the below discussion focuses on the merits of the underlying service connection claim. Service Connection for Bilateral Pes Planus Service connection may be granted for a disability resulting from disease or injury incurred in, or aggravated by, active military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Regulations also provide that service connection is warranted for a disease first diagnosed after discharge when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Establishing service connection generally requires competent evidence of three things: (1) a current disability; (2) an in-service precipitating disease, injury, or event; and (3) a causal relationship, i.e., a nexus, between the current disability and the in-service event. Fagan v. Shinseki, 573 F.3d 1282, 1287 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). Taking the foregoing elements in order, a current disability has been established, as VA examiners in January 2012 and August 2018 diagnosed bilateral pes planus. Additionally, the record establishes in-service incurrence, as service treatment records show ongoing treatment for foot pain related to pes planus, including in February 1971, May 1971, September 1972, May 1973, and January 1975. Turning, then, to the remaining requirement, the Board initially notes that, when a claim involves a diagnosis based on purely subjective complaints, the Board is within its province to weigh the appellant’s testimony and determine whether it supports a finding of service incurrence and continued symptoms since service. Barr v. Nicholson, 21 Vet. App. 303, 310 (2007). If it does, such testimony is sufficient to establish service connection. Id. In this instance, a VA examiner opined in January 2012 that the Veteran’s bilateral pes planus was not incurred in or caused by service. Specifically, the examiner noted that pes planus is a congenital condition and is not caused by environmental stressors such as walking or running. The examiner then found that the Veteran’s pes planus clearly and unmistakably preexisted service and was not aggravated therein, noting that his current pes planus status was expected for his age. However, for various reasons, the Board finds that opinion not probative. Foremost, the Veteran was not noted to have flat feet upon entrance into service in November 1970, nor did he report foot problems at that time. To the extent that the Veteran did report in service that he had been to a podiatrist prior to service, it was noted that it had not been “to[o] much of a previous civilian problem,” and the service examiner noted the Veteran’s foot problems to have been aggravated by increased periods of activity. The 2012 VA examiner provided no rationale for his conclusion that the Veteran’s pes planus clearly and unmistakably preexisted service and, in view of the foregoing, the evidence does not support such a finding. Therefore, the presumption of soundness at service entrance has not been rebutted. 38 U.S.C. § 1111. Additionally, while the examiner stated unequivocally that pes planus is a congenital condition, the Board points out that, according to the American Orthopaedic Foot & Ankle Society (AOFAS), there is also a condition called Acquired Adult Flatfoot Deformity, which is a progressive flattening of the arch of the foot commonly caused from cumulative wear and tear. See AOFAS FootCareMD, “Acquired Adult Flatfoot Deformity” at http://www.aofas.org/footcaremd/conditions/ailments-of-the-midfoot/Pages/Acquired-Adult-Flatfoot-Deformity.aspx. Given the foregoing deficiencies, the Board finds the January 2012 opinion inadequate and accords it no probative value. In contrast, the Board finds that the probative evidence addressing the onset and continuation of the Veteran’s bilateral pes planus supports his assertions of an onset of the disability in service, including STRs and post-service treatment records showing that the Veteran entered service in November 1970 with normal feet and no foot complaints; that he consistently complained of foot pain throughout his periods of active duty attributed to pes planus in service and for which he was put on profile on multiple occasions; and, he continued with bilateral foot complaints related to pes planus post service through the present. Indeed, VA March 1989 examiner diagnosed bilateral pes planus just months after service, and current VA treatment records show a continued pes planus disability. As a result, and affording the Veteran the benefit of the doubt, the Board finds that all three elements required to establish service connection have been met and that service connection for bilateral pes planus is warranted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. S. C. KREMBS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Fagan, Counsel