Citation Nr: A21020177 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 201120-123024 DATE: December 17, 2021 REMANDED Entitlement to service connection for left knee injury is remanded. Entitlement to service connection for left ankle degenerative joint disease is remanded. Entitlement to service connection for right ankle degenerative joint disease is remanded. Entitlement to service connection for left foot condition is remanded. Entitlement to service connection for right foot injury is remanded. Entitlement to service connection for plantar fasciitis is remanded. REASONS FOR REMAND The Veteran had active duty service from October 1980 to October 1984. These matters are before the Board of Veterans' Appeals (Board) on appeal from an October 2020 rating decision, which found that new and relevant evidence had been received to readjudicate the claims for service connection for a bilateral foot condition, plantar fasciitis, a bilateral ankle condition, and a left knee condition. The Regional Office (RO) then readjudicated and denied each of the service connection claims. In November 2020, the Veteran disagreed with this rating decision by submitting a VA Form 10182, Decision Review Request: Board Appeal, and electing the Hearing docket. The Veteran's hearing before the Board was held in July 2021. A hearing transcript is of record. In light of the Veteran's election of the Hearing docket, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). The Veteran submitted additional evidence in August 2021, and it is considered herein. Entitlement to service connection for left knee injury, left ankle degenerative joint disease, right ankle degenerative joint disease, left foot condition, right foot injury, and plantar fasciitis are remanded. During the Veteran's military service, he served in the Air Assault and Reconnaissance team which involved jumping out of vehicles, as well as running and marching with heavy weight on his back. Additionally, he testified his job required numerous rappels and jumps from various high locations. Based on the work he performed during his military service, the Veteran contends his feet, ankles, and knees were injured and never able to heal properly. He also states the pain he endured during service has been consistent and worsened post-service. See May 2020 Correspondence, and see July 2021 Hearing Transcript. The Veteran's service treatment records (STRs) show the Veteran was treated for ankle and knee pain during service. In 1982, the Veteran was treated for a left ankle sprain, and in 1984, he was treated for a right ankle sprain. A December 1984 Request for Physical Examination documented both ankle ligament damage. Additionally, STRs show the Veteran complained of and was treated for left knee pain in October 1982. He reported pain and aching while standing. His x-ray was negative and no trauma was documented. Instead, the Veteran was instructed to strengthen the left knee with physical therapy. Moreover, as previously noted, the Veteran contends his feet also hurt during his military service because of his rigorous duty requirements. The Veteran was afforded VA examinations for his service connection claims in September 2020. The examiner provided negative nexus opinions for the Veteran's feet, ankles, and left knee. While the VA examiner considered the documented left knee pain and bilateral ankle injuries in the Veteran's STRs, the September 2020 VA examiner did not specifically address the Veteran's repeated contentions of continued pain in his left knee, ankles as well as the feet based on his duties while in service. The examiner's failure to consider and discuss the Veteran's lay contentions of pain resulting from in-service running, marching, rappelling and jumping is a pre-decisional error that requires a remand for an adequate medical opinion. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). The Board acknowledges that in August 2021, and following the Board hearing, the Veteran submitted additional evidence in support of his service connection claims, including VA treatment records, lay statements from acquaintances, and a private medical opinion from the Veteran's orthopedic surgeon, Dr. M.M. While Dr. M.M. opined that the Veteran's left knee pain began while he was on active duty in the 1980s as a result of injuries sustained, the opinion was not supported by any medical evidence or rationale. Nevertheless, the Board notes this additional evidence, including the medical opinion, will be considered by the VA examiner and the AOJ on remand. The matters are REMANDED for the following action: (Continued on the next page) Obtain addendum medical opinions from an appropriate clinician regarding whether the Veteran's current left knee condition, bilateral ankle degenerative joint disease, bilateral foot conditions, and plantar fasciitis are at least as likely as not related to his military service, including consideration of lay contentions that the Veteran's running, marching, rappelling and jumping during service injured his knee, ankles, and feet and have progressed since his service. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Churchwell, 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.