Citation Nr: 21067992
Decision Date: 11/08/21	Archive Date: 11/08/21

DOCKET NO. 14-09 020
DATE: November 8, 2021

REMANDED

Entitlement to service connection for a low back disability, to include as secondary to pes planus with plantar fasciitis, is remanded.

REASONS FOR REMAND

The Veteran had active service from November 1988 to October 1992. 

This case comes before the Board of Veterans' Appeals (Board) on appeal of a March 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  In a September 2020 rating decision, the Veteran was granted service connection for pes planus with plantar fasciitis with a 50 percent rating with an effective date of January 19, 2011.  The claim for service connection for a low back disability was most recently before the Board in February 2021 where the Board remanded for further development, to include a new medical opinion.  

The Veteran seeks service connection for a low back disability which he asserts was incurred during military service.  Alternatively, the Veteran asserts that his low back disability is secondary to his service-connected pes planus with plantar fasciitis. 

In August 2021, VA treatment records were associated with the claims file after the most recent Supplemental Statement of the Case (SSOC) was issued in June 2021. In September 2021, the Board informed the Veteran of the new medical evidence and provided the Veteran with the option to waive consideration of the new evidence by the Agency of Original Jurisdiction (AOJ).  The Veteran responded in October 2021 requesting that the case be remanded back to the AOJ for review of the additional evidence.

As such, this case will be remanded for readjudication.

The matters are REMANDED for the following action:

The Veteran's claim should be readjudicated with consideration of the new evidence submitted after the most recent SSOC.  If the benefit sought on appeal remain denied, the Veteran and his representative should be furnished an SSOC and be given an appropriate period to respond thereto before the case is returned to the Board, if in order.

 

 

Carole R Kammel

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jennifer M. Narvaez, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.