Citation Nr: 18159210 Decision Date: 12/19/18 Archive Date: 12/18/18 DOCKET NO. 16-54 306 DATE: December 19, 2018 REMANDED Entitlement to service connection for plantar fasciitis is remanded. Entitlement to service connection for a lumbar spine disability is remanded. Entitlement to service connection for hallux valgus of the bilateral feet is remanded. REASONS FOR REMAND The Veteran had active duty service from March 1980 to April 1992 and from March 2003 to March 2004. He had additional service in the reserves. These matters come before the Board of Veterans’ Appeals (Board) from a January 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to service connection for plantar fasciitis is remanded; 2. Entitlement to service connection for a lumbar spine disability is remanded; 3. Entitlement to service connection for hallux abducto valgus of the bilateral feet is remanded. The Veteran filed claims of service connection for a lumbar spine disability, plantar fasciitis, and bunions in September 2015. Throughout the rating period on appeal, he has been diagnosed with mild facet arthrosis at the lumbosacral junction of the lumbar spine, plantar fasciitis, and hallux valgus (bunions). The Veteran indicated that his lumbar spine disability was incurred due to the years of physical impact in service from carrying heavy combat loads routinely exceeding 70 or more pounds, as well as from arduous field and training exercises. Furthermore, he indicated that his foot disabilities stem from the impact of wearing ill-fitting service footwear, standing in formation on hard surfaces, carrying heavy loads, and long conditioning hikes and similar tactical movements. Given that the Veteran has present disabilities that may be related to service, the Board finds that a VA examination is warranted in order to determine the nature and etiology of his lumbar spine and bilateral foot and heel disabilities. See McLendon v. Nicholson, 20 Vet. App. 79, 81-83 (2006). Furthermore, the Veteran’s military personnel records reflect that he has additional active duty dates from 1992 to 2003 and from 2003 to 2006. However, the record does not contain these additional active service dates. Accordingly, the Board finds that a remand is necessary in order for the RO to obtain and provide information regarding the Veteran’s periods of active duty, including any ADT (active duty for training), IDT (inactive duty for training), or active duty for special work. The matters are REMANDED for the following actions: 1. Obtain and associate with the claims file the Veteran’s updated VA treatment records from July 2018 to the present. 2. Take all necessary steps to verify the Veteran’s period(s) of active duty for training (ACDUTRA), inactive duty training (IDT), or active duty for special work for the period(s) from 1992 to 2003 and from 2003 to 2006. Reserve retirement point sheets are not adequate for this purpose; rather, the specific dates of the Veteran’s ADT, IDT, or active duty for special work service are required. If this information or documentation is unavailable this fact should be documented and a formal finding of unavailability should be made with notice to the Veteran and his representative and they should be given an opportunity to respond. 3. After completion of #1 and #2, schedule the Veteran for a VA examination to determine the nature and etiology of his lumbar spine and bilateral foot and heel disabilities. The claims folder, including a copy of this remand, must be made available to the examiner and such review should be noted in the examination report. The examiner should identify and discuss any lumbar spine, bilateral foot, and bilateral heel disabilities found on examination and identified during the examination and the pendency of his claim (September 2015), including mild facet arthrosis at the lumbosacral junction of the lumbar spine, plantar fasciitis, and hallux valgus (bunions), and respond to the following: Is it at least as likely as not (probability of at least 50 percent) that the Veteran’s lumbar spine, bilateral foot, and/or bilateral heel disabilities had their onset in and/or are otherwise related to a period of active service? (If there is evidence of symptoms for any condition between two periods of active service, the examiner should state whether it is clear and unmistakable that chronic disability preexisted the subsequent period of service and, if so, whether it is clear and unmistakable that such preexisting disorder was not aggravated during such subsequent service.) The examiner must provide a comprehensive rationale for each opinion provided. Specifically, the examiner must discuss the Veteran’s assertions set forth in his October 2015 statement and February 2016 Notice of Disagreement (NOD). The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports are to be considered in formulating any opinion. Furthermore, the examiner is advised that the Veteran’s complete service-treatment records are unavailable. Accordingly, the examiner should not rely solely on the lack of documentation before rendering his or her opinion(s) regarding service connection and should take into account the Veteran’s lay statements. If any opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner does not have the knowledge or training. As appropriate, the AOJ should conduct additional development or supplement the record. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Hurley, Associate Counsel