Citation Nr: 18154267 Decision Date: 11/29/18 Archive Date: 11/29/18 DOCKET NO. 17-06 262 DATE: November 29, 2018 ORDER Entitlement to service connection for bilateral plantar fasciitis is denied. FINDING OF FACT The record does not show a diagnosis of bilateral plantar fasciitis at any time during the period on appeal. CONCLUSION OF LAW The criteria for service connection for bilateral plantar fasciitis have not been 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 in the United States Marine Corps from February 1990 to October 1993. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. Entitlement to service connection for bilateral plantar fasciitis The Veteran contends that he is entitled to service connection for bilateral plantar fasciitis (flat feet) because he acquired the disability in service and was medically discharged and precluded from re-enlisting because of this disability. Establishing service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). In the absence of proof of a present disability there can be no valid claim.” Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992); Rabideau v. Derwinski, 2 Vet. App. 141, 143-44 (1992). The Board acknowledges that the Veteran had a diagnosis of plantar fasciitis in service as early as April 1992 and the diagnosis and complaints of pain continued while in service up until he was medically discharged in October 1993. However, as noted above, the first question for the Board is whether the Veteran has a current disability. Since being medically discharged in October 1993, the claims file has been silent concerning bilateral plantar fasciitis or flat feet pain until the Veteran filed a claim for bilateral plantar fasciitis in May 2014. As a result, the Veteran was afforded a VA examination in October 2014. The examiner performed an in-person examination and noted that there was no pain upon examination of the Veteran’s feet, including, but not limited to, no tenderness, no stiffness, no swelling, and no weakness. The examiner did acknowledge the Veteran’s self-help of the discomfort in his feet by wearing sole inserts, which “helps.” However, after examination of the Veteran’s feet, the examiner noted a normal bilateral foot examination and no evidence of a pathology. The examiner further explained that plantar fasciitis resolves with proper treatment like rest, activity modification, massage/stretching exercises, anti-inflammatory medication, and proper shoe wear. The examiner indicated that the Veteran’s plantar fasciitis disability healed and has been healed since before the Veteran joined law enforcement 18 years ago which required rigorous physical abilities tests and training in order to perform the tasks of the job. Plantar fasciitis would have hindered the Veteran from not only performing those tasks, but also passing the tests and required training. The Board recognizes that the Veteran believes he is entitled to service connection for bilateral plantar fasciitis. As a lay person, the Veteran is certainly competent to testify to symptoms he is experiencing such as pain. However, the record contains no evidence to demonstrate that the Veteran has the requisite training or expertise to offer a medical opinion as complex as a specific diagnosis of a medical disability. As such, the Veteran’s lay assertions fail to demonstrate that he suffers from a current chronic disability for which service connection may be established. Based on the evidence cited above, the Board finds that the preponderance of the evidence is against the claim of service connection for bilateral plantar fasciitis. As the preponderance of the evidence is against the claim for service connection for bilateral plantar fasciitis, the benefit of the doubt rule does not apply. 38 C.F.R. § 5107; 38 C.F.R. § 3.102. L. Chu Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Jones Council, Associate Counsel