Citation Nr: 19129792
Decision Date: 04/17/19	Archive Date: 04/16/19

DOCKET NO. 18-12 189
DATE:	April 17, 2019

REMANDED

Entitlement to service connection for right flatfoot is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Army from June 1986 to June 1989 and from May 2000 to May 2004.

Entitlement to service connection for right flatfoot is remanded.

The Veteran contends that his right foot condition is related to his military service.  Specifically, he claims that his right flatfoot was caused by his service-connected left foot disability. 

The Veteran received a VA foot conditions DBQ examination in August 2017 and the examiner noted diagnoses pertaining only to the left foot: pes planus, plantar fasciitis, and calcaneal spur.  According to the examiner, there were findings for the Veteran’s right foot as well, but the examiner did not render an opinion or diagnosis regarding those findings because they were “outside the scope” of the examination.  Thus, the examiner provided a nexus opinion for the left foot condition only, but not the Veteran’s claimed right foot condition. 

In his February 2018 substantive appeal, the Veteran asserted that the August 2017 VA examiner told him he had flatfoot.  

A remand is necessary to afford the Veteran a VA examination for his claimed right foot condition.  Additionally, the Veteran raised the theory of whether his service-connected left foot disability caused or aggravated his right foot condition.  Thus, this theory of secondary service connection should be addressed on remand.

The matter is REMANDED for the following action:

1.  Update VA treatment records.

2.  Thereafter, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of his current right foot condition.  The examiner should diagnose all current right foot conditions, and opine as to as to the following:

(a.) Is it at least as likely as not (50 percent probability or greater) that the Veteran’s right foot condition had its onset during, or is otherwise related to, an in-service injury, event, or disease.  

 

(b.) Is it at least as likely as not that the Veteran’s current right foot condition is 1) proximately due to his service-connected left foot condition, or (2) aggravated beyond its natural progression by his service-connected left foot condition.



 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	J. Freeman, Associate Counsel