Citation Nr: 21076901 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 17-45 171 DATE: December 28, 2021 REMANDED Entitlement to service connection for a bilateral lower leg condition is remanded. REASONS FOR REMAND The Veteran had active duty service from December 1975 to September 1977. This matter comes before the Board of Veterans' Appeals (Board) from an April 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that a hearing was held in August 2021 before the undersigned Veterans Law Judge. A transcript of that hearing is of record. 1. Entitlement to service connection for a bilateral lower leg condition is remanded. During the August 2021 Board hearing, the Veteran testified that he currently suffers from radicular/shooting pain that starts in his feet and flows upwards into his legs, hips, and back. The Veteran made similar statements during his January 2013 VA examination. Therein, the VA examiner noted the Veteran's complaints that despite having received treatment for his now service-connected feet, he has pain in his ankles, knees, hips, and lower back. Id. Lastly, the Veteran's VA treatment records indicate reports of radiating pain, sharp and shooting to the buttocks and hips. See March 2, 2016 VA treatment record. As the Veteran is competent to report pain, given his competent and credible statements of pain radiating from his feet upwards, the Board finds that an addendum medical opinion should be obtained upon remand to address this new theory of entitlement, namely whether the Veteran's claimed bilateral lower leg condition is secondary to his service-connected bilateral pes planus with plantar fasciitis disability. See Robinson v. Mansfield, 21 Vet. App. 545, 553 (2008); Layno v. Brown, 6 Vet. App. 465, 470 (1994); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: Obtain an addendum medical opinion addressing the Veteran's secondary service connection theory of entitlement. It is left to the discretion of the VA examiner as to whether an in-person VA examination is required to provide the requested medical opinion. Upon review of the pertinent evidence of record, to include this remand, the VA examiner is requested to opine as to the following: Is it at least as likely as not (50 percent probability or greater) that the Veteran's claimed for bilateral leg condition is proximately due to, and/or aggravated beyond its natural progression by the Veteran's service-connected bilateral pes planus with plantar fasciitis disability? Note that aggravation in this context means any incremental increase in the non-service-connected disability (i.e., any additional impairment of earning capacity) caused by the service-connected disability. The VA examiner should specifically address the lay testimony of record indicating that the Veteran suffers radiating pain starting in his feet shooting upwards into his knees, hips, and back. See VBMS, document titled "Hearing Transcript," receipt dated August 18, 2021; VBMS, documents titled "C&P Exam," receipt dated January 28, 2013. For all requested medical opinions, the VA examiner is asked to explain the reasons behind any opinions expressed and conclusions reached. The examiner is reminded that the term "as likely as not" does not mean "within the realm of medical possibility," but rather that the evidence of record is so evenly divided that, in the examiner's expert opinion, it is as medically sound to find in favor of the proposition as it is to find against it. Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.R. Fey, 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.