Citation Nr: 18150630 Decision Date: 11/15/18 Archive Date: 11/15/18 DOCKET NO. 15-43 721 DATE: November 15, 2018 REMANDED Entitlement to service connection for a bilateral foot disability, to include bilateral pes planus and plantar fasciitis, is remanded. REASONS FOR REMAND The Veteran had active service in the United States Air Force from April 1982 to September 1985 and in the United States Army from December 1987 to December 1992. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a December 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. Entitlement to service connection for a bilateral foot disability, to include bilateral pes planus and plantar fasciitis, is remanded. The Board finds that the claim must be remanded to obtain additional service medical records and a new VA examination and opinion. The Veteran maintains that he is entitled to service connection for bilateral pes planus and bilateral plantar fasciitis because the disabilities are attributable to marching regularly while wearing Army-issue boots during his service in the Army. Service treatment records (STRs) prior to the Veteran’s second period of active service show that in February 1987 he was assessed with bilateral pes planus, with no history of trauma and was placed on a physical profile. In April 1987 he was assessed with pes planus/plantar fasciitis. STRs during the Veteran’s second period of active service show numerous treatment and evaluation for complaints pertaining to this bilateral pes planus and plantar fasciitis. However, the Veteran’s entrance examination for his second period of active service is not of record, nor are his STRs from his first period of a service associated with the claims file. Accordingly, a remand is warranted to obtain all outstanding STRs and associate them with the claims file. Further, a new VA examination is warranted as the opinion provided in an October 2012 VA examination report that the Veteran’s flat feet is less likely as not related to his time in service on the basis that there is no literature to support that military service compared to civilian life results or aggravates pes planus is woefully inadequate. There is no indication that the examiner considered the Veteran’s STRs documenting treatment prior to active service, the repeated treatment he received during active duty service for his bilateral feet disorders, or that the examiner took into consideration the Veteran’s lay statements. Further, with evidence that the Veteran may have had these conditions prior to entrance into active service, the opinion does not provide the correct legal standard. When VA undertakes to provide an examination or obtain a medical opinion relating to a claim for benefits, it must ensure that the resulting examination or opinion is adequate for the purposes of the determination to be made. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). Accordingly, a new VA examination and opinion is warranted. The matter is REMANDED for the following action: 1. Obtain all outstanding service treatment records for the Veteran that have not yet been associated with the claims file, to include those from his first period of service in the Air Force from April 1982 to September 1985 and all entrance and separation examinations pertinent to either of his two periods of service (April 1982 to September 1985 and December 1987 to December 1992). 2. Then schedule the Veteran for a new VA examination, with a medical professional who has not previously examined him, to determine the diagnosis and etiology of any diagnosed bilateral foot disability. The examiner must review the Veteran’s entire claims file, to include a copy of this REMAND, and that review must be noted in the report. A complete history of symptoms should be elicited from the Veteran, to include symptoms he suffered before, during, and after each of his two periods of active service. Thereafter, the examiner should be directed to provide an opinion with respect to the following: (a) Clearly identify each diagnosed bilateral foot disability, to include pes planus and/or plantar fasciitis, if appropriate. (b) Is there clear and unmistakable evidence that any diagnosed bilateral foot disability pre-existed either of the Veteran’s periods of active service? (c) If yes, is there clear and unmistakable evidence that any diagnosed bilateral foot disability was NOT aggravated beyond the natural progression by either of the Veteran’s periods of active service? (d) If the answer to either a or b is no, is it as least as likely as not (50 percent probability or greater) that any diagnosed bilateral foot disability was caused by or is otherwise related to the Veteran’s active service. In considering the above, the examiner must address the Veteran’s contentions regarding marching in Army-issue boots and all additional lay statements. A complete rationale for all opinions must be provided. 3. Then readjudicate the claim. If the claim remains denied, issue to the Veteran a Supplemental Statement of the Case (SSOC). Then return the case to the Board. Lesley A. Rein Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Pitts, Associate Counsel