Citation Nr: 21000025 Decision Date: 01/04/21 Archive Date: 01/04/21 DOCKET NO. 19-23 300 DATE: January 4, 2021 REMANDED Entitlement to service connection for pes planus (claimed as fallen arches) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1971 to January 1973. In October 2019, the Board denied the Veteran’s claim for service connection for pes planus (claimed as fallen arches). The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (CAVC). In an August 2020 Order, the CAVC granted a Joint Motion for Partial Remand (JMPR), which vacated and remanded the October 2019 Board decision as it pertained to the claim for service connection for pes planus. The case has been returned to the Board for further adjudication. Entitlement to service connection for pes planus (claimed as fallen arches) is remanded. The Veteran contends that his preexisting pes planus was aggravated during service by military-issued combat boots. As noted above, in an October 2019 decision, the Board denied the Veteran’s claim for service connection for pes planus, based in part, on a December 2014 VA medical opinion. As noted in the July 2020 Joint Motion for Partial Remand, the December 2014 VA medical opinion is inadequate because the examiner did not give a proper opinion regarding whether the Veteran’s current pes planus was aggravated during active service. Specifically, the examiner was not directed to and therefore, did not give an opinion as to whether the Veteran’s current pes planus increased in severity due to the natural progress of the disease. When VA undertakes to provide a VA examination or obtain a VA opinion it must ensure that the examination or opinion is adequate. Barr v. Nicholson, 21 Vet. App. 303 (2007). Therefore, the Board finds that a remand for a new examination and medical opinion as to the etiology of the Veteran's current pes planus is necessary. 38 C.F.R. § 4.2 (2019). The Board, by this remand, makes no determination, expressed or implied, concerning the credibility of any statements on file. The matters are REMANDED for the following action: 1. Updated treatment records should be obtained and added to the claims file/e-folder. 2. Then, schedule the Veteran for an examination to determine the nature and etiology of the current pes planus. The examiner must be provided access to the electronic claims file and indicate review of the claims file in the examination report. All necessary testing should be completed. The examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the currently diagnosed pes planus was aggravated during service beyond the natural progression of the disease (i.e. there was no increase in underlying disability). The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions. If an opinion cannot be provided without resort to speculation, the examiner should provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be made. 3. Then readjudicate the claim. If the benefit sought on appeal remains denied, furnish the Veteran and his representative a supplemental statement of the case and allow an appropriate period for response. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board F. Yankey, 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.