Citation Nr: 20021816
Decision Date: 03/27/20	Archive Date: 03/27/20

DOCKET NO. 18-21 766
DATE: March 27, 2020

REMANDED

Entitlement to an initial rating in excess of 10 percent for bilateral plantar fasciitis is remanded.

REASONS FOR REMAND

The Veteran had active service from May 1993 to August 2016. 

This appeal is before the Board of Veterans’ Appeals (Board) from a January 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

1. Bilateral plantar fasciitis 

The Veteran contends that his bilateral plantar fasciitis is worse than the assigned initial 10 percent disability rating.  He also contends that it has continued to worsen since the most recent VA examination which took place in October 2016.

Although a VA examination was conducted in October 2016, the examiner failed to review the Veteran’s claims file, to include his then-current treatment history, symptoms, and complaints.  As part of the Secretary’s duty to assist claimants, the Secretary must provide a medical examination or obtain a medical opinion “when such an examination or opinion is necessary to make a decision.”  U.S.C. § 5103A(d)(1).  “A medical opinion is adequate when it is based upon consideration of the Veteran’s prior medical history and examinations and also describes the disability in sufficient detail so that the Board’s ‘evaluation of the claimed disability will be a fully informed one.’”  Barr v. Nicholson, 21 Vet. App. 303, 311 (2007) (quoting Green v. Derwinski, 1 Vet. App. 121, 124 (1994)); Ardison v. Brown, 6 Vet. App. 405, 407 (1995).

The matter is REMANDED for the following action:

1.  Request the Veteran identify and/or secure any relevant private medical records that are not in the claims file.  If the Veteran identifies private records, following the securing of the appropriate waivers, make all appropriate attempts to locate such records and to associate them with the claims file.  If the Veteran has no further evidence to submit, or, if after exhaustive efforts have been made, no records can be identified, so annotate the record.

2.  Obtain any outstanding VA medical records and associate them with the claims file.

3.  Thereafter, the Veteran should be afforded a VA examination to evaluate the current severity of service-connected bilateral plantar fasciitis.  The electronic claims folders should be made available to the examiner for review in conjunction with the examination and the examiner should acknowledge such review in the examination report.

Any indicated studies should be performed.  The examination should be conducted in accordance with the current disability benefits questionnaire or examination worksheet applicable to plantar fasciitis.

The rationale for all opinions expressed must be provided.

4.  After completing any additional development deemed necessary, readjudicate the claim.  If the benefit requested on appeal is not granted to the Veteran’s satisfaction, the appellant and his representative should be furnished a supplemental statement of the case and provided an opportunity to respond.  The case should then be returned to the Board for further appellate consideration, if in order.

 

Matt Schlickenmaier

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Carolyn M. Colley

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.