Citation Nr: 21077365
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 17-36 302A
DATE: December 29, 2021

REMANDED

Entitlement to an increased disability rating in excess of 10 percent for plantar fasciitis of the right foot from December 1, 2008 to November 6, 2019 is remanded.

Entitlement to an increased disability rating in excess of 20 percent for plantar fasciitis of the right foot from November 6, 2019 is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from October 1987 to November 2008.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a February 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office.

These matters were previously before the Board in March 2019 but were remanded for a VA examination.  In a May 2020 rating decision, the VA Regional Office granted an increased rating of 20 percent for his plantar fasciitis of the right foot effective November 6, 2019.  In a June 2020 supplemental statement of the case, the VA Regional Office denied an increased rating in excess of 10 percent for the period prior to November 6, 2019 and an increased rating in excess of 20 percent thereafter.  These matters are again before the Board for adjudication.

1. Increased disability rating in excess of 10 percent for plantar fasciitis of the right foot from December 1, 2008 to November 6, 2019 is remanded.

2. Increased disability rating in excess of 20 percent for plantar fasciitis of the right foot from November 6, 2019 is remanded.

The Board notes that a supplemental statement of the case must be furnished to the claimant when additional pertinent evidence is received after a previous statement of the case or supplemental statement of the case has been issued.  Manlicon v. West, 12 Vet. App. 238 (1999).

Regarding these claims before the Board, the Veteran submitted a timely notice of disagreement with a February 2017 rating decision.  A statement of the case was issued in July 2017.  Following the issuance of the June 2017 statement of the case, additional VA treatment records and VA examinations related to his plantar fasciitis of his right foot were associated with his claims record.  Supplemental statements of the case were issued in July 2018 and June 2020.  Since the last issuance of a supplemental statement of the case, additional VA treatment records have been associated with his claims file and no supplemental statement of the case has been issued. 

In October 2021, the Veteran was notified by the Board on whether he would like to submit a waiver of review by the Agency of Original Jurisdiction regarding these relevant VA treatment records and VA examinations.  The Veteran was informed that if no response was received within 45 days of the notification letter, it would be presumed that he did not want the Board to decide his appeal and it would be remanded to the AOJ.  As the Board has not received a response indicating his intent to waive initial review of these records by the Agency of Original Jurisdiction, a remand is required for the AOJ to issue a supplemental statement of the case which considers recent VA treatment records and VA examinations.  

 

The matters are REMANDED for the following action:

1. Readjudicate the issues of the Veteran's increased rating claim for plantar fasciitis of the right foot in light of the new VA treatment records.  

2. After, send the Veteran and his representative a supplemental statement of the case and provide him and his representative a reasonable opportunity to respond before returning the matter to the Board for further review

 

 

T. Berry

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Xiong, 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.