Citation Nr: 21061797 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 15-32 963 DATE: October 5, 2021 REMANDED Entitlement to service connection for left foot pes planus is remanded. Entitlement to service connection for right foot pes planus is remanded. Entitlement to service connection for a back disability, to include as secondary to pes planus, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from February 1951 to May 1955. This matter comes before the Board of Veterans' Appeals (Board) from a March 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran initially requested a videoconference hearing in September 2015 and was scheduled for a January 2019 videoconference hearing. However, in a January 2019 Statement, the Veteran's representative indicated that the Veteran could not attend a Board hearing. Therefore, his hearing request is considered withdrawn. 38 C.F.R. § 20.704 (e). This matter was previously remanded for further development in May 2019. The Board finds substantial compliance in the prior remand directives. Stegall v. West, 11 Vet. App. 268 (1998). This appeal has been advanced on the docket pursuant to 38 C.F.R. § 20.900 (c). 1. Entitlement to service connection for left foot pes planus is remanded. 2. Entitlement to service connection for right foot pes planus is remanded. 3. Entitlement to service connection for a back disability, to include as secondary to pes planus, is remanded. The Veteran contends that his bilateral foot pes planus is related to service and that his back disability is secondarily related to his foot disability. Service treatment records (STRs) upon entrance in 1951 are silent for any foot abnormalities, however the Veteran's February 1955 separation examination notes bilateral pes planus. Post-service VA treatment records are silent for any feet diagnoses or treatment. The Veteran was scheduled for a VA examination, but has expressed that due to his advanced age and current health condition he is unable to travel or attend a VA examination. VA treatments demonstrate a history for low back pain and degeneration of the lumbar intervertebral. Due to the Veteran's inability to travel, the Board finds that an attempt to schedule a telephonic VA examination and obtain a nexus opinion regarding the foot and back disabilities is warranted. Also, the Veteran has identified private podiatric records in his January 2019 correspondence and those records are not associated with the claims file. The Veteran should be afforded another opportunity to submit private podiatric treatment records from his treating physician. The matters are REMANDED for the following actions: 1. With any necessary assistance from the Veteran, obtain any outstanding VA and/or private treatment records, if any. All efforts to obtain such records should be documented in the claims file. 2. Schedule the Veteran for a telephonic VA examination/interview with a qualified clinician to address the nature and etiology of the claimed bilateral foot and back disabilities. The electronic claims file and a copy of this remand must be provided to the examiner and he or she must indicate review of these items in the examination report. (a) The examiner must determine whether it is at least as likely as not (50 percent probability or greater) the bilateral foot disability was incurred in or is related to the Veteran's active service. The examiner should consider the February 1955 separation examination documenting second degree bilateral pes planus. (b) If the foot condition is found to be related to service, the examiner must determine whether it is at least as likely as not (50 percent probability or more) that the Veteran's back disability is (i) proximately due to his foot condition or any other service-connected disability, or (ii) aggravated by his foot condition or any other service-connected disability. The clinician must provide separate findings and rationales relating to causation and aggravation. Aggravation does not require that there be "permanent" worsening of the nonservice connected disability. (c) The examiner must determine whether it is at least as likely as not (50 percent probability or greater) the back condition was incurred in or is related to the Veteran's active service. The examiner must provide a rationale in support of all opinions provided. If any opinion cannot be provided without resorting to speculation, the examiner must explain why this is so. 3. Then, readjudicate the Veteran's claims on appeal. If the benefits sought on appeal remain denied, provide the Veteran and his representative a supplemental statement of the case and allow an appropriate period for response. L. CHU Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Y. Asfaw, 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.