Citation Nr: 21075203 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 18-22 833 DATE: December 17, 2021 ORDER Entitlement to service connection for bilateral plantar fasciitis is granted. Entitlement to service connection for metatarsal bone spur, left foot, to include any residuals, is granted. Entitlement to service connection for anterior talofibular ligament tear, right ankle, to include any residuals, is granted. FINDINGS OF FACT 1. The Veteran's bilateral plantar fasciitis is due to his service-connected bilateral pes planus. 2. The Veteran's metatarsal bone spur, left foot, to include any residuals, is due to his service-connected bilateral pes planus. 3. The Veteran's anterior talofibular ligament tear, right ankle, to include any residuals, is due to his service-connected right ankle instability. CONCLUSIONS OF LAW 1. The criteria for the entitlement to service connection for bilateral plantar fasciitis as secondary to his service-connected pes planus have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.310. 2. The criteria for the entitlement to service connection for metatarsal bone spur, left foot, to include any residuals, as secondary to his service-connected pes planus have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.310. 3. The criteria for the entitlement to service connection for anterior talofibular ligament tear, right ankle, to include any residuals, as secondary to his service-connected right ankle instability have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.310. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from May 1997 to May 2001. The Veteran testified during a virtual hearing before the undersigned Veterans Law Judge in August 2021. A transcript of the hearing is associated with the record. Service Connection 1. Entitlement to service connection for metatarsal bone spur, left foot 2. Entitlement to service connection for bilateral plantar fasciitis The Veteran contends that service connection is warranted for bilateral plantar fasciitis and a bone spur on his left foot due to his service-connected pes planus. During the Veteran's August 2021 hearing, the Veteran reported that he had been informed a by a physician that his plantar fasciitis and the bone spur on his left foot was related to his bilateral pes planus. "The way that the doctor explained it to me, where there's a ligament that goes up --originally, it'll be around the curve of the arch, and that tendon has been stretched... Because the tendon is constantly stretching as I walk because my feet [have] been flat." Hearing Transcript, p.5. He also stated that "I don't know the exact doctors' terms, but he said [my bone spur] was directly related to the flat feet, for the bone spur." Hearing Transcript, p.7. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military service. 38 U.S.C. §§ 1110; 38 C.F.R. §§ 3.303. In order to establish service connection for the claimed disorder, there must be (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical, or in certain circumstances, lay evidence of a nexus between the claimed in-service disease or injury and the current disability. See 38 C.F.R. § 3.303; see also Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Hickson v. West, 12 Vet. App. 247, 253 (1999); Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009). Service connection may be also granted on a secondary basis for a disability that is proximately due to or the result of an established service-connected disorder. See 38 C.F.R. § 3.310 (a); Allen v. Brown, 7 Vet. App. 439 (1995). The Board must determine the value of all evidence submitted, including lay and medical evidence. Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006). The evaluation of evidence generally involves a three-step inquiry. First, the Board must determine whether the evidence comes from a "competent" source. The Board must then determine if the evidence is credible, or worthy of belief. Barr v. Nicholson, 21 Vet. App. 303, 308 (2007). The third step of this inquiry requires the Board to weigh the probative value of the evidence in light of the entire record. A layperson is competent to report on the onset and continuity of current symptomatology based on personal knowledge. See Layno v. Brown, 6 Vet. App. 465, 470 (1994). Lay evidence can also be competent and sufficient evidence of a diagnosis or to establish etiology if the layperson: (1) is competent to identify the medical condition, (2) is reporting a contemporaneous medical diagnosis, or (3) is describing symptoms that support a later diagnosis by a medical professional. Jandreau v. Nicholson, 492 F.3d 1372, at 1376-77 (Fed. Cir. 2007). The Veteran was provided a Foot Conditions examination in October 2020. The examiner noted that the Veteran had a diagnosis of bilateral plantar fasciitis and a diagnosis of a metatarsal bone spur of the left foot from 2016. The examiner noted that the Veteran underwent a procedure for his bone spur and an osteoectomy was performed on his left foot in 2016. The examiner noted that the Veteran's established diagnosis was pes planus, bilateral but that additional diagnoses were being provided. The examiner explained that additional conditions were found which are directly due to or related to the service-connected diagnosis. With regard to the bilateral plantar fasciitis the examiner stated that individuals with pes planus (low arches or flat feet) are at increased risk for developing plantar fasciitis. Other anatomic risks include overpronation, discrepancy in leg length, excessive lateral tibial torsion and excessive femoral anteversion. With regard to the heel spur, the examiner noted that heel spurs occur when calcium deposits build up on the underside of the heel bone and that Heel spurs are often caused by strains on foot muscles and ligaments, stretching of the plantar fascia/fasciitis. This is the only evidence of record regarding the etiology of the Veteran's bilateral plantar fasciitis and metatarsal bone spur, left foot, to include any residuals; as such, the Board finds that service connection for bilateral plantar fasciitis and metatarsal bone spur, left foot, to include any residuals, is warranted as secondary to the Veteran's service-connected pes planus. 38 C.F.R. § 3.310. 3. Entitlement to service connection for anterior talofibular ligament tear, right ankle The Veteran also contends that service connection is warranted for his anterior talofibular ligament tear, right ankle due to his service-connected right ankle instability. Hearing Transcript, p.3. "Pretty much, it got reinjured because of the instability, and I've tore the ligament in half. And it's very painful." The Veteran was provided a right ankle examination in February 2019. The examiner provided a diagnosis of an anterior talofibular ligament tear of the right ankle; however, the examiner did not provide an opinion regarding the etiology of this condition. The Veteran was provided another examination in May 2021. The examiner noted the Veteran's service-connected diagnosis of instability of the right ankle. In section IX, the examiner opined that the Veteran's condition of an anterior talofibular ligament tear of the right ankle was related to the Veteran's service-connected condition. This is the only evidence of record regarding the etiology of the Veteran's anterior talofibular ligament tear of the right ankle, to include any residuals. Accordingly, the Board finds that service connection for the Veteran's anterior talofibular ligament tear of the right ankle, to include any residuals, is warranted as secondary to the Veteran's service-connected instability of the right ankle. 38 C.F.R. § 3.310. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P.M. Johnson, 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.