Citation Nr: 21004543 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 17-23 812 DATE: January 27, 2021 REMANDED Service connection for a left hip disorder, to include degenerative joint disease, is remanded. Service connection for a left foot disorder, to include plantar fasciitis, is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from February 1987 to September 1996. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a September 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The matter has been remanded twice for additional development, in January 2019 and September 2020. In the most recent remand order, the Board instructed the RO to obtain a new VA medical opinion. A remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with the remand instructions and imposes upon the VA a concomitant duty to ensure compliance with the terms of the remand. Stegall v. West, 1 Vet. App. 268, 271 (1998). Where the remand orders of the Board are not complied with, the Board errs as a matter of law when it fails to ensure compliance. As explained in more detail below, the Board finds that remand is required to obtain adequate VA medical opinions. The Veteran has stated that his left hip pain began in 2000, approximately four years after his discharge from active duty service. However, there are allegations of in-service left hip tightness and the Veteran reported physical training that included 25 mile runs with a rucksack. The Veteran's military occupational specialty as a track vehicle mechanic would have involved heavy labor, causing physical stress and strain. Additionally, the Veteran was awarded the Air Assault badge for completing Air Assault school, which would have involved stress on the hip joints from hard landings. However, the September 2020 VA examiner did not address the Veteran's statements regarding the circumstances of his military service, the onset of his hip pain or his statements regarding tightness during active duty service or the effect, if any, of his military occupational specialty and participation in Air Assault school. Therefore, another remand is required. The Veteran claims that his left heel pain was caused or aggravated by his service. Specifically, he attributes his left heel pain, which began in the year after service, to his service in the Gulf War. In the September 2020 Board remand, the VA examiner was instructed to express an opinion as to the etiology of the Veteran’s claim left foot disabilities, including whether it was at least as likely as not that any left foot disability, including pes planus, plantar fasciitis and hallux valgus, were caused or aggravated by service or any service-connected disability. However, the most recent VA examiner did not address the Veteran's specific reports of bone problems in his heel that began within a year of active duty service. Consequently, another remand is required. The matter is REMANDED for the following action: 1. Schedule the Veteran for a VA hip examination with a new examiner. The claims folder and the complete text of this decision must be reviewed by the examiner in conjunction with the examination. The examiner must identify all currently diagnosed hip conditions and opine as to the etiology of each. For any identified disability, opine as to whether such is as likely as not (50 percent or greater) related to or had its onset during active service. The examiner must also opine as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s left hip disability was proximately caused or aggravated by any of his other service-connected disabilities, including but not limited to, his bilateral knee disabilities, or his left foot disability. Assume for the purpose of this opinion that the Veteran's left foot disability is service connected. The examiner must consider the Veteran’s statements regarding the onset of his hip pain and the circumstances of his military service, to include his statements about hip tightness after of military activities such as 25-mile marches with a rucksack, the heavy labor he performed as a track vehicle mechanic and his award of the Air Assault Badge. A full and complete rationale is required for all opinions expressed. 2. Schedule the Veteran for a VA foot examination with a new examiner. The claims folder and the complete text of this decision must be reviewed by the examiner in conjunction with the examination. The examiner must identify all currently diagnosed foot conditions and opine as to the etiology of each, to include pes planus, plantar fasciitis, hallux valgus, calcaneal spurs and Achilles enthesophyte. For any identified disability, opine as to whether such is as likely as not (50 percent or greater) related to or had its onset during active service. The examiner must also opine as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s foot disability was proximately caused or aggravated by any of his other service-connected disabilities, including but not limited to, his left hip disability. Assume for the purposes of this opinion that the Veteran's left hip disability is service connected. The examiner must consider the Veteran’s statements regarding the onset of his foot pain and the circumstances of his military service, to include his reports of military activities such as 25-mile marches with a rucksack, the heavy labor he performed as a track vehicle mechanic and his award of the Air Assault Badge. A full and complete rationale is required for all opinions expressed. 3. Then, readjudicate the claim on appeal. If any benefit sought remains denied, issue an appropriate supplemental statement of the case and return the appeal to the Board. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Megan-Brady Viccellio 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.