Citation Nr: 18108533
Decision Date: 06/05/18	Archive Date: 06/05/18

DOCKET NO. 11-04 293
DATE:	June 5, 2018
REMANDED
Entitlement to service connection for bilateral plantar fasciitis is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1990 to November 1993.  In June 2016, in pertinent part, the Board of Veterans’ Appeals (Board) granted service connection for bilateral pes cavus with associated hammertoe deformity and denied service connection for bilateral pes planus and bilateral plantar fasciitis.  The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court) as to the denial of service connection for bilateral plantar fasciitis only.  The Court vacated and remanded the Board decision as to that issue.
Entitlement to service connection for plantar fasciitis is remanded.
Per the Court’s Memorandum decision, the complete medical records of Dr. Auster should be obtained.  Although an April 2010 opinion is actually of record, underlying records or additional records should be requested.  
The Court indicated that the February 2015 opinion of Dr. Bash should be further addressed.  However, prior to this action, the Board finds that additional development should be accomplished as VA examination and opinion have taken place in the interim.  Specifically, in February 2017, the Veteran was afforded a VA examination.  The examiner indicated the following:
Plantar fasciitis: The Veteran has mild tenderness under the arches of both feet, consistent with bilateral plantar fasciitis as noted by me, Dr. J. M., on the Foot DBQ on November 10, 2016.  Over the past few years there have been podiatry notes in the Veteran’s medical records that document bilateral plantar fasciitis.  On review of service treatment records.  I did not see a diagnosis or symptoms of plantar fasciitis while the Veteran was in the service.  There is no evidence of the bilateral plantar fasciitis being caused by any other condition.  Therefore, the Veteran’s bilateral plantar fasciitis is most likely unrelated to the service.  This claimed condition (bilateral plantar fasciitis) was less likely than not (less than 50 percent probability) incurred in or caused by a claimed in-service injury, event, or illness.
However, the VA examiner did not address Dr. Bash’s opinion including Dr. Bash’s conclusion that the Veteran’s plantar fasciitis was related to service because the Veteran’s in-service Haglund’s deformity was “part of the plantar fasciitis spectrum,” and that the delayed onset of the Veteran’s plantar fasciitis was “consistent with known medical principles and the natural history of this disease.”  As such, an addendum opinion is needed.
The matter is REMANDED for the following action:
1. Ask the Veteran to complete a VA Form 21-4142 for Dr. Auster’s complete records.  Make two requests for the authorized records from this provider, unless it is clear after the first request that a second request would be futile.
2. Obtain an addendum opinion from the examiner who provided the February 2017 opinion or, if unavailable, from an appropriate clinician regarding whether the Veteran’s bilateral plantar fasciitis is at least as likely as not related to service or if the bilateral plantar fasciitis is proximately due to or aggravated beyond its natural progression by service-connected foot disabilities (bilateral pes cavus with hammertoes and right foot Achilles tendonitis).  The examiner must comment on Dr. Bash’s March 2015 opinion including his conclusion that the Veteran’s in-service Haglund’s deformity was “part of the plantar fasciitis spectrum,” and that the delayed onset of the Veteran’s plantar fasciitis was “consistent with known medical principles and the natural history of this disease.”  All findings, conclusions, and opinions must be supported by a clear rationale.

 
S. L. Kennedy
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Connolly, Counsel