Citation Nr: 18151750 Decision Date: 11/20/18 Archive Date: 11/20/18 DOCKET NO. 15-39 065 DATE: November 20, 2018 REMANDED Whether new and material evidence has been received to reopen a claim for service connection for plantar fasciitis is remanded. Entitlement to service connection for pes planus is remanded. Entitlement to service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran served on active duty from November 2003 to May 2007. These matters come to the Board of Veterans’ Appeals (Board) on appeal from multiple rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). Although the Veteran requested a hearing in October 2014, the Veteran later withdrew her request in an October 2018 letter. 1. The appeal to reopen a claim for service connection for plantar fasciitis and the claim for service connection for pes planus are remanded. The Veteran seeks to reopen a claim for service connection for plantar fasciitis and seeks service connection for pes planus. The Veteran asserts that her plantar fasciitis began after service, due to wearing boots for prolonged periods and worsened with working out. See July 2010 VA 21-4138. The Veteran’s initial claim for service connection for plantar fasciitis was denied in an unappealed November 2010 rating decision. In January 2014, the Veteran filed a claim for service connection for plantar fasciitis/pes planus. After reviewing the various medical diagnoses and treatment records, the Board has recharacterized the above-referenced claim into two separate claims, specifically (1) entitlement to reopen a claim for service connection for plantar fasciitis and (2) entitlement to service connection for pes planus. The Veteran was provided a VA examination in February 2014 and an addendum opinion was provided in May 2014. However, the opinion only noted a diagnosis of pes planus without reconciling the prior diagnosis and current diagnosis of plantar fasciitis noted in the VA treatment records. The Board will obtain an addendum VA opinion that addresses plantar fasciitis. 2. Service connection for sleep apnea is remanded. The Veteran seeks service connection for sleep apnea. The Veteran was diagnosed with sleep apnea after a June 2015 sleep study which noted symptoms of daytime fatigue, excessive snoring, and waking up gasping. The Veteran’s roommate during her Iraqi deployment, S. M., reported that she observed the Veteran snore very loudly and occasionally, the Veteran stopped breathing during sleep. See January 2016 Buddy Statement. Another buddy statement from S.J. is also associated with the file. The Veteran reported that her sleep changed during the Iraqi deployment; she never felt rested despite how much she slept. See September 2015 VA 21-4138. Although there is a VA opinion of record regarding the etiological relationship between the Veteran’s sleep apnea and exposure to sand/dust and burn pits, there is no opinion as to whether the claimed in-service symptoms are related to the Veteran’s diagnosis. As such, a remand is necessary. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records dated since August 2017. 2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s plantar fasciitis is at least as likely as not related to service, to include prolonged boot wearing and working out. A complete rationale for the requested opinion should be provided. If the examiner feels that the requested opinion cannot be rendered without resorting to speculation, he or she must explain why this is so. 3. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s sleep apnea is at least as likely as not related to symptoms reported by the Veteran and her roommates. In so opining, the examiner is asked to consider lay statements received in January 2016 from S.M. and S.J. and the Veteran’s September 2015 statement (VA Form 21-4138). A complete rationale for the requested opinion should be provided. If the examiner feels that the requested opinion cannot be rendered without resorting to speculation, he or she must explain why this is so. (continued on next page) TANYA SMITH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. Vuong, Associate Counsel