Citation Nr: 21066118 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 16-08 246 DATE: October 28, 2021 ORDER Service connection for right foot plantar fasciitis is denied. REMANDED Entitlement to service connection for a psychiatric disorder is remanded. Entitlement to service connection for insomnia is remanded. Entitlement to service connection for erectile dysfunction is remanded. Entitlement to service connection for a right eye condition is remanded. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has had right foot plantar fasciitis at any time during or approximate to the pendency of the claim. CONCLUSION OF LAW The criteria for service connection for a right foot plantar fasciitis have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 1964 to July 1966. These matters are before the Board of Veterans' Appeals (Board) on appeal from the August 2013 and August 2014 rating decisions by a Department of Veterans Affairs (VA) Regional Office (RO). In May 2018, the Veteran testified before the undersigned Veterans Law Judge at a hearing. A copy of the transcript is of record. The appeal was advanced on the docket, based on the Veteran's age. The issues on appeal, as well as service connection for hepatitis, were remanded by the Board in September 2018 for further development, which has been completed for the claim of service connection for a right foot plantar fasciitis. In a June 2021 rating decision, the RO granted service connection for hepatitis. As this constitutes a full award of the benefit sought on appeal, this issue is no longer before the Board. Service Connection Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service, even if the disability was initially diagnosed after service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). VA must give due consideration to all pertinent lay and medical evidence in a case where a veteran is seeking service connection. 38 U.S.C. § 1154(a). When all the evidence is assembled, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against a claim, in which case, the claim is denied. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Entitlement to service connection for a right foot plantar fasciitis. The Veteran asserts he has a right foot condition due to him adjusting for his service-connected left foot plantar fasciitis condition. Specifically, the Veteran testified that he began putting more weight on his right foot and then, began having problems with his right foot. See Hearing Transcript, 8. The question before the Board is whether the first element of service connection, a current diagnosis, has been met at any time during the appeal period. Based on the evidence of record, the first element has not been met. Thus, service connection is not warranted. Service treatment records and VA and private treatment records are negative for complaints of or treatment for a right foot condition. VA foot examinations in May 2013 and January 2018 did not result in a diagnosis of right foot plantar fasciitis. In a January 2018 medical opinion, the examiner indicated that the Veteran's right foot was normal. The December 2018 and February 2020 private disability benefits questionnaires (DBQs) for foot conditions also did not provide a diagnosis for right foot plantar fasciitis. After careful review of the evidence, the Board finds that service connection is not warranted. The Board concludes that the Veteran does not have a current diagnosis of right foot plantar fasciitis and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). In reaching this conclusion, the Board has considered the Veteran's statement and testimony where he complained of having problems with his right foot. To the extent the Veteran has asserted he suffers from right foot plantar fasciitis, he is not competent to provide such a diagnosis, as he has not demonstrated that he possesses the requisite medical training or expertise to do so. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007). The Board has also considered Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018), in which the Federal Circuit held that "pain alone, without an accompanying diagnosis of a present disease, can qualify as a disability" if it "reaches the level of a functional impairment of earning capacity." Id. at 1367-69. However, the Veteran has not asserted or reported, nor has the evidence shown that pain to his right foot rose to a level of functional impairment of earning capacity. Seeing as there is no objective medical evidence reflecting a current diagnosis for the claimed condition, the first element for service connection, a current disability, has not been met. Without a current diagnosis, service connection cannot be granted. See Brammer v. Derwinski, 3 Vet. App. 233, 225 (1992). The preponderance of the evidence is against the claim and there is no doubt to be resolved. Service connection for right foot plantar fasciitis is not warranted. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102. REASONS FOR REMAND 1. Entitlement to service connection for a psychiatric disorder. 2. Entitlement to service connection for insomnia. 3. Entitlement to service connection for erectile dysfunction is remanded. 4. Entitlement to service connection for a right eye condition is remanded. The Veteran seeks service connection for a psychiatric disorder and insomnia that he believes are related to service. Unfortunately, and while the Board regrets the additional delay, a remand is necessary. In June 2011, VA received two handwritten notes from Dr. Desai dated in January 2011 and in June 2012. Dr. Desai indicated that he had been treating the Veteran for over 20 years, including for insomnia and mild anxiety. These identified relevant outstanding private treatment records have not been obtained. A remand is required to allow VA to obtain authorization and request these records. The Veteran also seeks service connection for his erectile dysfunction and right eye branch retinal vein occlusion with macular edema. He contends that his erectile dysfunction is secondary to his claimed psychiatric and insomnia disorders, to include medication to treat those disorders. See May 2014 Statement in Support of Claim; Hearing Transcript, pages 17 and 19. The Veteran also avers that his right eye stroke residuals are related to his claimed psychiatric disorder. As a decision on the remanded issues of service connection for the claimed psychiatric and insomnia disorders could significantly impact a decision on the erectile dysfunction and right eye claims, the issues are inextricably intertwined. The matters are REMANDED for the following actions: Ask the Veteran to complete a VA Form 21-4142 for Dr. Desai. Make two requests for the authorized records from Dr. Desai unless it is clear after the first request that a second request would be futile. D. JOHNSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Tang, 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.