Citation Nr: 21062857 Decision Date: 10/12/21 Archive Date: 10/12/21 DOCKET NO. 18-43 740 DATE: October 12, 2021 REMANDED Entitlement to service connection for a bilateral knee disability (arthritis) is remanded. Entitlement to service connection for a bilateral ankle disability (arthritis) is remanded. Entitlement to service connection for degenerative arthritis of the spine is remanded. REASONS FOR REMAND The Veteran served in the United States Army from October 1974 to September 1977. This case comes before the Board of Veterans' Appeals (Board) on appeal of a March 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Board Hearing in July 2020. A transcript of the hearing is associated with the record. The Veteran asserts that these conditions were exacerbated by his service-connected plantar fasciitis. The Veteran testified that in the early 2000s, a VA clinician stated that his foot disability was causing his knee, ankle, and spine arthritis; however, these VA records are not associated with the record, including a referenced 2015 MRI. Additionally, the Veteran testified that he was treated by a private physician, Dr. P, shortly after his military service for arthritis; however, when he attempted to obtain these records, they had been destroyed. Moreover, a medical opinion has not been obtained to determine the etiology of the Veteran's disabilities, to include an opinion regarding secondary service connection. The matters are REMANDED for the following action: 1. Contact the Veteran and request he provide a completed VA Form 21-4142, Authorization for Release of Information for all available private medical treatment records. Make two written requests for any authorized records unless it is clear from the first request that further attempts to obtain the records would be futile. 2. Obtain and associate with the Veteran's claims file VA treatment records from Richmond VAMC, including all outpatient clinics, from January 2000 to present. 3. DO NOT PROCEED with the following until the above VA records (and any private records identified by the Veteran) have been obtained, to the extent possible. 4. Schedule the Veteran for a VA examination for an opinion regarding the etiology of his knee, ankle, and spine conditions. Following a review of the relevant records and lay statements, the examiner is asked to provide a response to the following: (a.) Is the Veteran's bilateral knee arthritis at least as likely as not caused by or incurred in the Veteran's military service? (b.) Is the Veteran's bilateral knee arthritis at least as likely as not proximately due to the Veteran's service-connected plantar fasciitis? (c.) Is the Veteran's bilateral knee arthritis at least as likely as not aggravated, i.e., worsened beyond its natural progression, by the Veteran's service-connected plantar fasciitis? (d.) Is the Veteran's bilateral ankle arthritis at least as likely as not caused by or incurred in the Veteran's military service? (e.) Is the Veteran's bilateral ankle arthritis at least as likely as not proximately due to the Veteran's service-connected plantar fasciitis? (f.) Is the Veteran's bilateral ankle arthritis at least as likely as not aggravated, i.e., worsened beyond its natural progression, by the Veteran's service-connected plantar fasciitis? (g.) Is the Veteran's degenerative arthritis of the spine at least as likely as not caused by or incurred in the Veteran's military service? (h.) Is the Veteran's degenerative arthritis of the spine at least as likely as not proximately due to the Veteran's service-connected plantar fasciitis? (i.) Is the Veteran's degenerative arthritis of the spine at least as likely as not aggravated, i.e., worsened beyond its natural progression, by the Veteran's service-connected plantar fasciitis? A complete rationale should be provided for all opinions. The clinician is asked to consider and address relevant lay and medical evidence, to specifically include the following: Veteran's July 2020 testimony that he carried 40 to 50 pounds on his back and marched regularly during his military service; that he did not play any sports while in the military; that he sought treatment and was diagnosed with arthritis shortly after service by Dr. P; and that Dr. M with the VA stated that his arthritis was likely caused by his foot disability. The Veteran's service treatment records which indicated knee problems while in service. The medical literature provided by the Veteran's representative in July 2020. The Veteran's private medical treatment records. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Townsend, 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.