Citation Nr: 21069818
Decision Date: 11/19/21	Archive Date: 11/19/21

DOCKET NO. 16-56 708
DATE: November 19, 2021

REMANDED

Entitlement to service connection for a bilateral foot disorder, claimed as bilateral pes planus, is remanded.

REASONS FOR REMAND

The Veteran had active service from May 1971 to July 1972.  

This matter is on appeal from a February 2017 rating decision.

The Board has previously remanded this matter, including in March 2021.  At that time, the Board decided the claims for service connection for a right ankle disorder and right-side pain disorder.  Those matters are not before the Board.

In July 2021, the Board remanded to obtain an adequate VA medical opinion.

The Board notes that the Veteran's representative has not provided a brief prior to this case's return to the Board.  However, as this matter is being remanded again the Veteran is not prejudiced by this failure.

1.  Entitlement to service connection for a bilateral foot disorder, claimed as bilateral pes planus, is remanded.

Unfortunately, there has still not been substantial compliance with the Board's previous remand directives and yet another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The Board previously remanded to obtain a new VA medical opinion that addressed all the Veteran's diagnosed foot disorders.  Although a new VA medical opinion was obtained in August 2021, with a September 2021 addendum, the opinion addressing the diagnoses other than pes planus and plantar fasciitis was inadequate as the provider does not explain how he reached his opinion, other than indicating an absence of additional medical records as to chronicity.  As such, another addendum medical opinion is necessary.

The matters are REMANDED for the following action:

A new VA medical opinion should be obtained to determine the nature and etiology of the currently claimed bilateral foot disorder(s).  A VA examination should be obtained if deemed necessary by the VA medical opinion provider.  

The VA medical opinion provider should identify EACH diagnosed foot disorder.  The provider should note consideration of previously diagnosed disorders such as pes planus and plantar fasciitis (from the May 2021 VA examination) and peroneal tendinitis and bilateral hammertoes, sciatic pain, and right foot drop (from the February 2021 VA podiatry note).

The VA medical opinion provider should determine the nature and etiology of EACH diagnosed foot disorder 

The examiner must opine whether it is at least as likely as not that any foot disorder(s) is related to an in-service injury, event, or disease, including in-service reports of foot pain in June 1971.  

A fully articulated medical rationale for any opinion expressed must be set forth in the medical report.  

The VA medical opinion provider should discuss the particulars of this Veteran's medical history and relevant medical science as applicable to this case, which may reasonably explain the medical guidance in the study of this case.  An examiner "cannot rely upon the absence of medical records corroborating [an] injury to conclude that there is no relationship between the appellant's current disability and his military service."  Dalton v. Nicholson, 21 Vet. App. 23, 39-40 (2007).

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The claims file should be reviewed, to include service treatment records, post-service federal medical records (associated with the claims file in January 2014), VA medical records, and lay statements (such as from January 2019).

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Lindio

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.