Citation Nr: 21071593 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 17-30 096 DATE: November 30, 2021 REMANDED Entitlement to service connection for bilateral plantar fascial fibromatosis is remanded. REASONS FOR REMAND The Veteran served on active duty in the Air Force from May 1985 to August 1992, April 1996 to April 1999, and May 2009 to October 2009. He also served in the Air Force Reserves, performing periods of extended active duty, active duty for training (ACDUTRA), and inactive duty training (INACDUTRA). The Veteran retired from the Air Force Reserves in June 2013. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which, in pertinent part, denied service connection for bilateral plantar fascial fibromatosis. In April 2015, the Veteran filed a notice of disagreement (NOD) and the RO issued its statement of the case (SOC) in May 2017. The Veteran submitted a VA Form 9 in June 2017, solely appealing the "service connection for bilateral plantar fascial fibromatosis" issue. Entitlement to service connection for bilateral plantar fascial fibromatosis is remanded. A veteran will be compensated for disability resulting from an injury or disease contracted in in the active military, naval, air, or space service. 38 U.S.C. §§ 1110, 1131. A "veteran" is "a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable." 38 U.S.C. § 101(2). The term "active military, naval, air, or space service" includes (A) active duty; (B) any period of ACDUTRA during which the individual was disabled or died from a disease or injury incurred or aggravated in line of duty; and (C) any period of INACDUTRA during which the individual was disabled or died from an injury incurred or aggravated in line of duty. 38 U.S.C. § 101(24). For periods of INACDUTRA, service connection may be granted for disability resulting only from injuries incurred or aggravated during such periods, not disability resulting from diseases. See 38 U.S.C. § 101(23), (24) Thus, in order to establish veteran status with respect to periods of ACDUTRA or INACDUTRA, and therefore eligibility for service connection, the record must establish that the claimant was disabled or died due to a disease or injury incurred or aggravated in the line of duty during a period of ACDUTRA, or that he was disabled or died from an injury incurred or aggravated in the line of duty during a period of INACDUTRA. Mercado-Martinez v. West, 11 Vet. App. 415, 419 (1998). Generally, a veteran seeking compensation for such service-connected disability must show: (1) a current disability; (2) in-service incurrence of a disease or injury; and (3) a causal relationship between the current disability and in-service disease or injury. Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018). In disability compensation claims, a veteran must be afforded a VA examination "when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, (2) evidence establishing that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service or with another service-connected disability, but (4) insufficient competent medical evidence on file to decide the veteran's claim." McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The Veteran contends that he suffers from persistent bilateral plantar fascial fibromatosis. He maintains that he was on active duty all of 2012 through a portion of 2013, and that his bilateral plantar fascial fibromatosis was present and treated during that period. The Veteran's May 21, 2012 service treatment record include complaints of persistent "lumps" on both feet as well as a diagnosis of bilateral plantar fascial fibromatosis. The Veteran filed a compensation claim for his bilateral plantar fascial fibromatosis, among other things. Accordingly, the Veteran underwent a VA skin examination in 2014; however, the RO did not include bilateral plantar fascial fibromatosis as a condition to be evaluated. Consequently, the record does not include an opinion indicating whether the Veteran has had bilateral plantar fascial fibromatosis at any time during the appeal period or approximate thereto, and, if so, whether this disorder is related to a period of active military, naval, air, or space service. One week after the Veteran submitted his VA Form 9 in 2017, a Deferred Rating Decision, VA Form 21-6789, directed further development of the Veteran's bilateral plantar fascial fibromatosis claim in order to resolve potential line of duty issues and acquire the Veteran's current treatment records. The record does not contain any documents responsive to the Deferred Rating Decision's recommended actions. As an initial matter (and as noted in the Deferred Rating Decision), it must be determined whether the Veteran's is eligible for compensation based upon his bilateral plantar fascial fibromatosis, or "lumps" on his feet, in terms of his service status. If the Veteran is eligible for compensation due to his service status, he is entitled to a VA examination to evaluate his claimed bilateral plantar fascial fibromatosis. The Veteran's observations of "lumps" or foot pain provide competent evidence that he suffers from persistent or recurrent symptoms of disability. The Veteran's 2012 service records document his complaints of "lumps" on his feet and a diagnosis bilateral plantar fascial fibromatosis. The Veteran's medical records and competent lay statements also indicate that his condition may be related to active military, naval, or air service. The Veteran indicated in his statements that he was "an active reservist" at this time. Finally, the record lacks sufficient medical evidence to decide the Veteran's claim, as the nature and etiology of the disorder condition was seemingly not addressed in VA examinations or post-service treatment records. The matter is REMANDED for the following actions: 1. Verify the status of the Veteran's service, including active duty, ACDUTRA, INACDUTRA, for periods of service between January 1, 2012 and June 1, 2013. (Continued on the next page) 2. If the Veteran's is eligible for compensation due to his service status for this period of time, obtain a medical examination and opinion from an appropriate physician to determine the nature and etiology of the Veteran's bilateral plantar fascial fibromatosis. The physician should offer an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's bilateral plantar fascial fibromatosis had its onset during any period of active duty, ACDUTRA, or INACDUTRA. The agency of original jurisdiction should indicate in its request for an opinion (as well as in its decision) the precise dates of ACDUTRA, INACDUTRA, and/or active duty based on the documents in the personnel file. SHAUN S. SPERANZA Veterans Law Judge Board of Veterans' Appeals 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.