Citation Nr: 21004908 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 13-33 853 DATE: January 28, 2021 REMANDED Entitlement to an initial compensable rating prior to September 17, 2015, and in excess of 30 percent for service-connected bilateral pes planus with plantar fasciitis and calcaneal spur (bilateral foot disability) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1975 to June 1979. This case comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions of the Department of Veteran Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) in an August 2014 hearing. This issue was previously before the Board in June 2014, June 2015, and October 2018, each time remanded for further development. That development was completed, and the case has since been returned to the Board for appellate review. The Board finds that there was substantial compliance with the October 2018 Board remand directives. The Board is obligated by law to ensure that the RO complies with its directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). The October 2018 Board remand instructed the RO to issue a Supplemental Statement of the Case (SSOC). In August 2020, the RO issued a new SSOC. Nonetheless, for the reasons stated below, remand is again required. Initially, the Board notes that the claim for service connection for a left ankle disorder is not considered herein and will be subject to a separate panel deicsion. The Veteran provided testimony regarding this claim before two separate VLJs, including the undersigned in 2014 and another VLJ in 2019. All VLJs who participate in hearings on an issue must participate in making the final determination of the claim involved. 38 U.S.C. § 7107(c) (2012); 38 C.F.R.§ 20.707 (2019); Arneson v. Shinseki, 24 Vet. App. 379 (2011). Further, appeals can be assigned only to an individual VLJ or to a panel of not less than three members. 38 U.S.C. § 7102(a). As such, a third VLJ will be assigned to the panel to decide this issue, and the Veteran is entitled to have an opportunity for a hearing before the newly assigned Board member. Arneson, 24 Vet. App. at 379. Thus, the issue of entitlement to service connection for a left ankle disorder will not be addressed herein, and VA will be contacting the Veteran regarding her desire to have an additional hearing before a third VLJ who will be assigned to decide the issue. Entitlement to an initial compensable rating prior to September 17, 2015, and in excess of 30 percent for service-connected bilateral foot disability is remanded. Remand is required for a new VA examination. When a claimant asserts, or the evidence shows, that the severity of a disability has increased since the most recent rating examination, an additional examination is appropriate. VAOPGCPREC 11-95 (April 7, 1995); Snuffer v. Gober, 10 Vet. App. 400 (1997). The Veteran last underwent a VA examination for the bilateral foot disability in September 2015, where the examiner found the condition to be of mild severity. There, the examiner noted the bilateral foot disability required inserts, that there was pain on examination and weight-bearing, and that it caused disturbance of locomotion and interference with standing. The Veteran submitted a March 2018 VA Ankle Conditions Disability Benefits Questionnaire completed by a private examiner. There, the examiner noted that the bilateral pes planus is now severe, with an increase of symptoms. They also explained that the pes planus caused second degree pain with prolonged use, but it is unclear what is meant by second degree pain. The examiner wrote additional comments regarding the pes planus, but they are largely illegible. In a September 2020 statement, the Veteran asserted that during her December 2019 VA examinations for her claims for service connection for a right ankle disorder and bilateral knee disorder, the examiner told her that the bilateral pes planus was extreme. A review of the corresponding examinations and subsequent medical opinions finds no mention of the severity of the service-connected pes planus. Nonetheless, the Veteran asserts that the condition has progressed. Accordingly, remand is required for a new VA examination. The matters are REMANDED for the following action: Provide the Veteran with an appropriate examination to determine the severity of the service-connected bilateral pes planus with plantar fasciitis and calcaneal spur. The entire claims file must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. The relevant Disability Benefits Questionnaire must be utilized. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Rogos 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.