Citation Nr: 21000635
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 16-20 653
DATE: January 5, 2021

REMANDED

Entitlement to service connection for bilateral flatfeet is remanded.

REASONS FOR REMAND

The Veteran had active service from June 2006 to August 2012.  

This current matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 Rating Decision.  The Veteran testified via video conference at a hearing before the undersigned Veterans Law Judge (VLJ) in October 2019.  This matter was previously before the Board and remanded in January 2020.

Entitlement to service connection for bilateral flatfeet

The Board cannot make a fully-informed decision on the issue of entitlement to service connection for bilateral flatfeet because the rationale provided by the August 2020 VA examination is not sufficient to guide the Board in its decision.  Specifically, the VA examiner relied on the Veteran’s enlistment examination from September 2004 and June 2006 where his bilateral flat foot condition was documented as congenital.  However, the examiner does not address the apparently contradictory evidence, such as a previous VA examination in August 2011 that found no deformity with the Veteran’s bilateral feet.  Consequently, the Board finds that an additional opinion should be provided to clarify this relevant evidence to the extent that such clarification is medically possible.

Accordingly, this matter is REMANDED for the following actions:

Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s bilateral flatfeet clearly and unmistakably predated his service, and, if so, whether such preexisting bilateral flat foot condition was clearly and unmistakably not aggravated by the Veteran’s service. 

The examiner should provide a complete rationale and should address both the evidence of the Veteran’s enlistment examination documenting his flat foot condition, the subsequent evidence including the August 2011 VA examination that appears to indicate no deformity of the Veteran’s feet, and the Veteran’s lay statements that he did not have problems with his feet prior to his service.

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Steven H. Johnston, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.