Citation Nr: 21004583 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 12-27 032 DATE: January 27, 2021 REMAND Entitlement to compensation pursuant to 38 C.F.R. § 1151 and/or service connection for a right foot disorder, claimed as Achilles tendonitis, to include as secondary to service-connected disabilities, is remanded. Entitlement to compensation pursuant to 38 C.F.R. § 1151 and/or service connection for a left foot disorder, claimed as Achilles tendonitis, to include as secondary to service-connected disabilities, is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1969 to January 1973. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in August 2011 by a Department of Veterans Affairs (VA) Regional Office. In July 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. In November 2019, the Board remanded the case for additional development and it now returns for further appellate review. The Board notes that, in October 2020, the Veteran was sent a letter indicating that he had elected an in-person hearing with a Veterans Law Judge and, in light of COVID 19, was encouraged to opt into a virtual hearing; however, such letter was sent in error as his Board hearing was previously held in July 2019 and he has not subsequently requested a second hearing. Quinn v. Wilkie, 31 Vet. App. 284 (2019). 1. Entitlement to compensation pursuant to 38 C.F.R. § 1151 and/or service connection for right foot disorder, claimed as Achilles tendonitis, to include as secondary to service-connected disabilities. 2. Entitlement to compensation pursuant to 38 C.F.R. § 1151 and/or service connection for left foot disorder, claimed as Achilles tendonitis, to include as secondary to service-connected disabilities. As noted in the November 2019 Remand, the Veteran has asserted multiple theories of entitlement. First, he contends his bilateral foot disorders are due to his in-service duties and activities, and/or an August 1970 in-service injury incurred while running around a baseball field where another runner ran over the back of his right leg, which is documented in his service treatment records. Second, he contends that such disorders are caused or aggravated by back, bilateral leg, and/or bilateral ankle disorders; however, VA has not yet awarded service connection for such disorders, and such are pending development at the Agency of Original Jurisdiction (AOJ). Third, the Veteran claims that he incurred additional disabilities of his bilateral feet as a result of VA-prescribed medication. As he had not previously been provided a VA examination addressing his multiple theories of entitlement, the Board remanded the case in order to afford him such examination with corresponding etiological opinions. In January 2020, the Veteran underwent a VA examination, at which time the examiner noted bilateral foot diagnoses of plantar fasciitis, degenerative arthritis, Achilles tendonitis, and pes cavus. While the VA examiner adequately addressed the Veteran’s theories of entitlement pertaining to secondary and presumptive service connection and compensation under 38 U.S.C. § 1151, he did not address whether his bilateral foot disorders had their onset in, or were otherwise related to, his military service, to include his in-service duties and activities, and/or the documented August 1970 in-service injury when he was running around a baseball field and another runner ran over the back of his right leg. Stegall v. West, 11 Vet. App. 268, 271 (1998). Consequently, a remand is necessary in order to obtain an addendum opinion addressing such theory of entitlement. The matters are REMANDED for the following action: Forward the record, to include a copy of this Remand, to the January 2020 VA examiner who conducted the examination pertaining to the Veteran’s bilateral foot disorder so as to obtain an addendum opinion addressing the etiology of such disorder. Following a review of the record, the examiner should offer an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran’s bilateral plantar fasciitis, degenerative arthritis, Achilles tendonitis, and/or pes cavus had their onset in, or were otherwise related to, his military service, to include his in-service duties and activities, and/or the documented August 1970 in-service injury when he was running around a baseball field and another runner ran over the back of his right leg. An opinion should be provided for each diagnosed right and/or left foot disorder. A rationale for any opinion offered should be provided. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. M. Kelly, 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.