Citation Nr: 20061237
Decision Date: 09/17/20	Archive Date: 09/17/20

DOCKET NO. 09-47 246
DATE: September 17, 2020

REMANDED

Entitlement to an evaluation in excess of 10 percent for left foot heel spur is remanded.

Entitlement to an evaluation in excess of 10 percent for left foot plantar fasciitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Navy from November 1970 to August 1982.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from July 2012 and August 2014 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO).

This matter was previously before the Board in August 2019 when it was remanded to the Agency of Original Jurisdiction (AOJ) for the issuance of a Statement of the Case. 

1. Evaluation in excess of 10 percent for left foot heel spur is remanded.

2. Evaluation in excess of 10 percent for left foot plantar fasciitis is remanded.

The Board finds that additional development is needed prior to adjudication of the issues on appeal.  The Veteran was last afforded a VA examination in September 2015 with an addendum opinion in January 2017.  The Veteran contends his foot symptoms have worsened since his last VA examination to include severe pain in both arches and heels.  See VA Form 9, received June 2020.  He reported he believes his plantar fasciitis continues to worsen and that he also suffers from hammer toes.  The Veteran has continued to report worsening of his feet symptoms.  See Appellate Brief, received August 2020.  The Board finds that the record indicates a possible worsening of the Veteran’s condition since the September 2015 examination and that, therefore, a new examination is warranted.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).  Based on the foregoing, the Board will remand for a new examination to determine the severity of the Veteran’s left foot heels spur and left foot plantar fasciitis.

The matters are REMANDED for the following actions:

1. Provide the Veteran with a new VA examination to assess the current severity of his left foot heel spur and left foot plantar fasciitis.  The claims file and a copy of this Remand must be provided to and reviewed by the examiner.  All pertinent symptomatology and findings must be reported in detail.  Any indicated diagnostic tests and studies must be accomplished.  

The examiner must provide accurate and fully descriptive assessments of all symptoms and must comment upon the frequency and severity of the Veteran’s symptoms in accordance with VA rating criteria.  The examination report should also address any functional loss caused by pain, fatigability, incoordination, weakness, or other symptoms of the left foot heel spur and left foot plantar fasciitis.  The relevant Disability Benefits Questionnaire must be utilized.  

The assessment should include a finding as to whether the overall severity of the disability of each foot is moderate, moderately severe, or severe.  A complete rationale for any opinion advanced must be provided.

2. If the benefit sought on appeal remains denied, the Veteran and his representative should be provided a Supplemental State of the Case.  An appropriate period of time should then be allowed for a response, before the record is returned to the Board for further review.

 

 

ALEX A. HAMPTON

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Javed, Associate 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.