Citation Nr: 21071345
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 14-18 479
DATE: November 30, 2021

REMANDED

Entitlement to an initial compensable rating for right foot strain is remanded.

Entitlement to an initial compensable rating for left foot strain is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1974 to September 1977. 

This case was previously before the Board in March 2021, at which time it was remanded for further development. 

1. Entitlement to an initial compensable rating for right foot strain is remanded.

2. Entitlement to an initial compensable rating for left foot strain is remanded.

Unfortunately, there has not been substantial compliance with the Board's previous remand directives in this matter.  Another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998). In the March 2021, the Board remanded for an

 

examination and medical opinion regarding whether the Veteran's bilateral pes planus and plantar fasciitis are a progression of the Veteran's right and left foot strains. If not a progression, the examiner was to clearly delineate which symptoms are due to which disability. In the examination report, the examiner indicated that the pes planus and plantar fasciitis were a progression of the foot strain. However, the explanation stated that they were separate conditions aggravated by the foot strain. The relationship between the Veteran's foot disabilities is still unclear to the Board. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding the relationship between the Veteran's service-connected foot disabilities. The examiner must render an opinion as to whether it is at least as likely as not (50 percent or greater) that the Veteran's pes planus and plantar fasciitis are progressions of his bilateral foot strain. If the pes planus and plantar fasciitis are not a progression of the bilateral foot strain, the examiner should, to the extent possible, differentiate between the symptoms associated with the service-connected bilateral foot strain, plantar fasciitis, and pes planus. 

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.  If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his

 

representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Creegan, Amanda

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.