Citation Nr: 21001693 Decision Date: 01/11/21 Archive Date: 01/11/21 DOCKET NO. 09-12 000 DATE: January 11, 2021 REMANDED Service connection for a right foot disorder. Service connection for a left knee disorder. REASONS FOR REMAND Additional development is necessary to adjudicate the claims on appeal. The RO failed to comply with the remand instructions of the October 2018 Board remand. Stegall v. West, 11 Vet. App. 268 (1998). The October 2018 Board remand instructed that a VA examiner review a June 2011 positive VA opinion linking the Veteran’s callosities of the plantar skin on the right foot to a service-connected left foot disability. The August 2019 VA examiner failed to reference this opinion. Additionally, the examiner found no disability other than subjective right foot pain but the medical evidence reflects diagnoses of right foot hallux valgus, right foot plantar fasciitis, and callosities of the plantar skin of the right foot at different points during the appeal period. The December 2013 VA examiner referenced diagnostic testing which showed arthritis in the right foot, although it is unclear what testing the examiner was referring to. Even if those disabilities have resolved by the time of the August 2019 examination, the Veteran may still be service connected if they are found to be related to service. The examiner did not address these diagnoses or any diagnostic testing showing arthritis. As such, a new opinion is needed. Additionally, the October 2018 Board remand instructed that a VA examiner review a 2017 VA examination opinion that stated knee pain was a known compensatory element of hip arthritis. The August 2019 VA examiner failed to address that statement. Additionally, the examiner found no diagnosis other than subjective left knee pain and did not address the October 2015 diagnosis of left patellofemoral syndrome made during a VA Orthopedic surgery consultation. As such, a new opinion is needed. The matters are REMANDED for the following actions: 1. Identify and obtain any outstanding treatment records and associate them with the claims file. Specifically, if available, locate the diagnostic testing referred to in the December 2013 VA examination reflecting arthritis in the Veteran’s right foot. 2. Then, refer the claims file to an appropriate clinician for a medical opinion to address the claim of service connection for a right foot disorder. The clinician is asked to address the following: (a.) At any point during the appeal period, did the Veteran have a diagnosis of a right foot disorder, or competent complaints of right foot pain causing functional impairment, that is as likely as not (a 50 percent or greater probability) related to service? The clinician should specifically address the diagnoses during the appeal period of right foot hallux valgus, right foot plantar fasciitis, callosities of the plantar skin of the right foot, and (if available) the diagnostic testing that showed right foot arthritis referred to in the December 2013 VA examination. (b.) At any point during the appeal period, did the Veteran have a diagnosis of a right foot disorder, or competent complaints of right foot pain causing functional impairment, proximately due to or aggravated beyond its normal course by any service-connected disability, including residuals of a fractured left foot with bone spurs and plantar fasciitis? Additionally, the clinician should address the June 2011 VA opinion linking the Veteran’s callosities of the plantar skin on the right foot to the service-connected left foot disability. 3. Next, refer the claims file to an appropriate clinician for a medical opinion to address the claim of service connection for a left knee disorder. The clinician is asked to address the following: (a.) At any point during the appeal period, did the Veteran have a diagnosis of a left knee disorder, or competent complaints of left knee pain causing functional impairment, that is as likely as not (a 50 percent or greater probability) related to service? The clinician should specifically address the October 2015 VA diagnosis of left patellofemoral syndrome. (b.) At any point during the appeal period, did the Veteran have a diagnosis of a left knee disorder, or competent complaints of left foot pain causing functional impairment, proximately due to or aggravated beyond its normal course by any service-connected disability, including a left foot disability? Additionally, the clinician should address the statement from the 2017 VA examiner that knee pain was a known compensatory element of hip arthritis. 4. Clinicians should provide full rationales for all opinions rendered. 5. If the clinicians determine that an examination is necessary in order to provide the requested opinions, then one should be scheduled. L. HOWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Brendan A. Evans, 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.