Citation Nr: 19106971
Decision Date: 01/29/19	Archive Date: 01/29/19

DOCKET NO. 17-25 067
DATE:	January 29, 2019

REMANDED

Entitlement to service connection for a right flatfoot (pes planus) condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1977 to September 1977.  

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

Entitlement to service connection for a right flatfoot (pes planus) condition is remanded.

The Veteran contends that her current right flatfoot condition is related to her active military service.  In her substantive appeal, the Veteran stated that she did not have flat feet before she entered active service.  See 10/31/2005 STR-Medical, at 11 (reflecting normal feet upon enlistment medical examination).  However, the Veteran contends that it started when she was in Basic Training and required to run/train in combat boots.  The November 2016 RO rating decision denied service connection for the right foot because there were no in-service complaints, treatment or a diagnosis related to the right foot.  In addition, the decision stated there was a lack of a current diagnosis regarding the right foot.  However, a review of the evidence or record reveals that the right foot has been diagnosed with a chronic disability, as noted next.  

In June 2010, the Veteran was afforded a VA examination to evaluate her feet.  The VA examiner diagnosed pes planus, mild bunions, and mild hallux valgus all related to the right foot.  However, the examiner did not provide an opinion as to the etiology of the right foot condition.  Furthermore, in April 2017 she was afforded a VA examination to evaluate the current symptomatology of her service-connected left foot.  The examiner recorded bilateral pes planus, pain and the use of arch supports in her shoes.  The competent evidence of record reveals a current disability or recurrent symptoms of disability.  Combining this evidence with the competent lay evidence of in-service event/injury, the Board finds that a 

VA examination and medical opinion is warranted to determine if there is a nexus between the current disability and the Veteran’s active military service.  See McLendon v. Nicholson, 20 Vet. App. 79, 81-86 (2006).    

Additionally, updated VA treatment records should be associated with the record on remand.  See Sullivan v. McDonald, 815 F.3d 786, 792 (Fed. Cir. 2016) (finding that because § 3.159(c)(3) expanded the VA’s duty to assist to include obtaining VA medical records without consideration of their relevance.)

The matter is REMANDED for the following actions:

1. Update/Obtain VA treatment records from April 2017 to the present.  Document all requests for information as well as responses in the claims file.

2. After completion of step #1, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of her right foot disability, to include pes planus or other deformities.  The examiner must opine is it at least likely as not related to an 

in-service injury, event, or disease.  

A comprehensive rationale for all opinions is to be provided.  All pertinent evidence, including both lay and medical, should be considered.  If an 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).

 

Paul Sorisio

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	A. M. Williams, Associate Counsel