Citation Nr: 21006278 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 16-55 696 DATE: February 3, 2021 REMANDED Entitlement to service connection for a right shoulder condition, to include tear of infraspinatus tendon and AC joint degenerative changes, is remanded. Entitlement to service connection for a left shoulder condition, to include rotator cuff tendinopathy, is remanded. Entitlement to service connection for bilateral plantar fasciitis. REASONS FOR REMAND The Veteran served honorably, including active duty from September 1979 to June 1986, active duty from December 1990 to July 1991 in Operation Desert Storm/Shield, and Reserve enlistment until November 2006. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2010 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In January 2019, the Board remanded the matter to verify the Veteran’s dates of Reserve service. The Board finds that further remand is required, as the Veteran has not yet been provided with VA examinations and etiology opinions regarding her service-connection claims. Regarding the claim for the right shoulder, the Veteran has been diagnosed with a partial tear of infraspinatus tendon and AC joint degenerative changes in the right shoulder. The Veteran has described sustaining an injury during training at Fort McCoy when she jumped off a Humvee with a duffle bag and fell on the right shoulder. Though the Veteran testified at an April 2017 Board hearing that she could not remember the specific year that this injury occurred, and notwithstanding that no line-of-duty findings or other service treatment records exist to corroborate the injury, two servicemembers who were at Fort McCoy training with the Veteran submitted statements that they witnessed the Veteran’s injury. Given the evidence of a current disability and an injury sustained during active duty for training, a medical examination and etiology opinion should be provided. McLendon v. Nicholson, 20 Vet. App. 79, 83, 86 (2006) (applying 38 U.S.C. § 5103A(d)); see also 38 C.F.R. § 3.159(c)(4). Regarding the claim for the left shoulder, private treatment records show the Veteran was diagnosed with rotator cuff tendinopathy in early 2003, having had problems with the left shoulder since injuring it during a Reserve physical fitness test in December 2002. At the Board hearing, the Veteran testified that during the Saturday morning two-mile run she fell, had to stop the remainder of the exercises, and could not do drills on Sunday. Military personnel records obtained pursuant to the Board’s prior remand show that the Veteran was in training on the weekend of December 7 and 8, 2002. Given this evidence of a current disability and an injury sustained during Reserve training, a medical examination and opinion should be provided. McLendon, 20 Vet. App. at 83, 86; 38 C.F.R. § 3.159(c)(4). Regarding the claim for bilateral plantar fasciitis, treatment records show the Veteran has a history of bilateral foot pain and diagnoses of plantar fasciitis. She contends that her foot condition was caused by years of running and exercise. At the Board hearing, she testified that she first had problems during active duty service in 1983 while stationed in Germany and was put on profile to wear tennis shoes instead of boots. She stated that the problems continued since then, including during deployment in Operation Desert Shield/Storm and throughout her Reserve service. Given this evidence, the Veteran should likewise be provided an examination and etiology opinion for any condition of the feet. McLendon, 20 Vet. App. at 83, 86; 38 C.F.R. § 3.159(c)(4). Accordingly, the matter is REMANDED for the following action: 1. Schedule the Veteran for an examination regarding the nature and etiology of her right and left shoulder disabilities. The examiner must answer both of the following: (a) For any right shoulder condition, to include the diagnosed partial tear of infraspinatus tendon and/or AC joint degenerative changes, is the condition at least as likely as not due to the Veteran’s service, to include the injury she sustained when she fell on her shoulder hopping off a Humvee? Consider and discuss the Veteran’s statement that on the day of the injury the she pursued self-treatment for the injury including taking muscle relaxers. (b) For any left shoulder condition, to include rotator cuff tendinopathy, is the condition at least as likely as not due to the Veteran’s service, to include the injury she sustained when she fell during a physical fitness test in December 2002? Consider and discuss that the Veteran began seeking treatment for the injury shortly after it occurred, as shown by January 2003 private treatment records. 2. Schedule the Veteran for an examination regarding the nature and etiology of bilateral foot conditions, to include diagnosed plantar fasciitis. The examiner must answer both of the following: (a) Is it at least as likely as not that the Veteran’s diagnosed plantar fasciitis was incurred during service or is otherwise related to service, to include the combined effect of running and exercise during active duty and Reserve training? (b) Is it at least as likely as not that any other diagnosed condition of either foot that manifested in foot pain and/or heel pain was incurred during service or is otherwise related to service, to include the combined effect of running and exercise active duty and Reserve training? In rendering these opinions, the examiner must consider and discuss the Veteran’s testimony that beginning in 1983 she was put on profile to wear tennis shoes due to foot pain, and that her foot problems have continued ever since that time. 3. After the above development and any other development deemed necessary is completed, readjudicate the Veteran’s claims. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Davis, 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.