Citation Nr: 20021698 Decision Date: 03/26/20 Archive Date: 03/26/20 DOCKET NO. 19-28 816 DATE: March 26, 2020 ORDER Entitlement to service connection for subtalar arthritis of the right foot is granted. FINDING OF FACT Subtalar arthritis of the right foot manifested during the Veteran’s period of active service; symptoms of the condition have been continuous since separation from service. CONCLUSION OF LAW With reasonable doubt resolved in favor of the Veteran, the criteria for entitlement to service connection for subtalar arthritis of the right foot have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.303(b), 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1998 to July 2018. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of an August 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Service connection for arthritis The Veteran contends service connection is warranted for arthritis. Specifically, the Veteran stated on his VA Form 9 that he had been diagnosed with subtalar arthritis of the right foot during service and that service connection should be granted for this condition. As explained below, the evidence supports a continuity of symptomatology and service connection for subtalar arthritis of the right foot is warranted. Service connection will be granted if the evidence demonstrates that current disability resulted from an injury suffered or disease contracted in active military, naval, or air service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 (a). Establishing service connection generally requires competent evidence of three things: (1) current disability; (2) in-service injury or disease; and (3) a relationship between the two. Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018). Consistent with this framework, service connection is warranted for a disease first diagnosed after service when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). Pursuant to 38 C.F.R. § 3.303 (b), where a chronic disease is shown as such in service, subsequent manifestations of the same chronic disease are generally service connected; if a chronic disease is noted in service but chronicity in service is not adequately supported, a showing of continuity of symptomatology after separation is required. Entitlement to service connection based on chronicity or continuity of symptomatology pursuant to 38 C.F.R. § 3.303 (b) applies only when the disability for which the Veteran is claiming compensation is due to a disease enumerated on the list of chronic diseases in 38 U.S.C. § 1101 (3) or 38 C.F.R. § 3.309 (a), which include arthritis. Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). The Veteran asserts a continuity of symptomatology for foot pain, which he asserts originated during his period of service. The Veteran reported that he was diagnosed with subtalar arthritis during his period of service. Service medical records from December 12, 2016 confirm a diagnosis of osteoarthritis of the right subtalar joint, which was shown on x-rays conducted on September 15, 2016. See Service Treatment Records. He is competent to report his history of foot pain and attendant medical treatment. Jandreau v. Nicholson, 492 F.3d 1372, 1377, n. 4 (Fed. Cir. 2007). There is no evidence that directly conflicts with a finding that the Veteran has experienced foot pain since service. Notably, at the February 2015 VA Foot examination reported pain in his feet with weight-bearing. The examiner reported that x-rays were not conducted during this examination. The reports about a continuity of symptomatology for foot pain beginning in service are plausible. The Board finds that these continuity of symptomatology reports are entitled to probative weight. Caluza v. Brown, 7 Vet. App. 498, 511 (1995) (noting that the Board has the responsibility to assess the credibility and weight to be given to evidence), aff'd per curiam, 78 F.3d 604 (Fed. Cir. 1996) (table). The evidence weighing against the claim is the February 2015 foot examination that does not provide a diagnosis of subtalar arthritis. The Board notes that the VA ankle examination at that time diagnosed posterior plantar and retrocalcaneal spurs, which were granted service connection as part of the Veteran’s service-connected bilateral plantar fasciitis; however, the Veteran seeks service connection for subtalar arthritis based upon his in-service diagnosis. After reviewing the evidence of record, the Board resolves the benefit of the doubt in favor of the Veteran. The Board notes that the in-service records clearly confirm a diagnosis of subtalar arthritis. The Veteran reports continued pain in his foot since his period of service and the Board finds his reports to be competent and credible. See Jandreau. Further, the Board finds these reports to be of greater probative weight than the findings of the February 2015 examination as the examiner did not provide x-rays of the Veteran’s feet. For the above stated reasons, the evidence supports a continuity of symptomatology nexus. The Board finds that the Veteran’s subtalar arthritis was diagnosed during service and has continuous symptoms since that time. Service connection for subtalar arthritis of the right foot is therefore warranted. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. Patrick M. Johnson Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Arif Syed, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.