Citation Nr: 21010509 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 17-45 401 DATE: February 25, 2021 REMANDED Entitlement to service connection for plantar fasciitis (also claimed as pes planus and bilateral foot pain) is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1989 to September 1989, from September 1990 to June 1991, and from July 1995 to November 1995 and had additional periods of active duty for training (ACDUTRA) from June 3, 1992 to June 12, 1992 and from June 14, 1992 to July 14, 1992. He also had additional Army National Guard and Army Reserve service. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision. A September 2019 Board decision denied service connection for plantar fasciitis (also claimed as pes planus and bilateral foot pain). The Veteran appealed the September 2019 Board decision to the United States Court of Appeals for Veterans Claims (CAVC). In June 2020, the Court granted the parties’ Joint Motion for Remand (JMR), and vacated and remanded the September 2019 Board decision. In the June 2020 JMR, the parties agreed that vacatur and remand was required because the Board erred by not providing an adequate statement of reasons or bases. In the September 2019 decision, the Board found that the Veteran “experienced foot symptoms during his period of ACDUTRA,” had “a diagnosis of pes planus in 1994,” and “obtained his disorder while in ACDUTRA.” The Board also explained that service connection can be premised on an injury during a period of ACDUTRA. However, the Board did not provide an explanation for why service connection was not warranted for the disorder that the Veteran “obtained” during a period of ACDUTRA. The Veteran asserts that his bilateral foot disability is related to foot injuries he sustained during service, to include during airborne training at Fort Benning in June 1992 and/or to excessive marching during advanced individual training AIT immediately thereafter. His service personnel records note that a June 3, 1992 permanent order indicates that the Veteran was an ROTC cadet and, along with several classmates, was attached to Company B, 1st Battalion, 507th parachute infantry, at Fort Benning, Georgia. The document notes that he completed airborne training and was awarded a parachutist badge on June 12, 1992. The Veteran’s service treatment records (STRs) prior to this time (to include his periods of active duty from May 1989 to September 1989 and from September 1990 to June 1991) do not show any complaints of, treatment for, or a diagnosis of, a bilateral foot disability. However, a June 1994 Reserve report of medical examination (to determine if the Veteran was physically qualified to attend ROTC advanced camp) notes that he had severe bilateral pes planus, but an October 1999 report of medical examination notes that his feet were normal on clinical evaluation. Considering the conflicting evidence in this matter, clarification regarding the etiology of the Veteran’s current bilateral foot disability is needed. On June 2015 VA foot examination, bilateral pes planus and bilateral plantar fasciitis were diagnosed. The examiner opined that the Veteran’s foot disability is unrelated to his Gulf War service and to well understood medical phenomena. The opinion is inadequate because the rationale is cursory and conclusory; it did not consider the Veteran’s reports of possible foot injury while attending airborne school during a period of ACDUTRA in June 1992 and AIT from June 1992 to July 1992. Another examination to obtain an adequate medical advisory opinion is necessary. It also appears that the Veteran receives ongoing VA treatment for foot disabilities. The most recent records of such treatment in the file are from July 2017. Updated treatment records may contain pertinent information, are constructively of record, and must be sought. The matter is REMANDED for the following: 1. Secure for the record complete updated records of all VA evaluations and treatment the Veteran has received for his foot disabilities since July 2017. 2. Arrange for a podiatry examination of the Veteran to determine the nature and likely etiology of his bilateral foot disabilities, to include plantar fasciitis and pes planus. The claims file must be reviewed by the examiner in conjunction with the examination. Based on examination of the Veteran and review of his claims file, the examiner should: (a) Identify (by diagnosis) each foot disability found or shown in the record during the pendency of the instant claim. (b) Identify the likely etiology for each foot disability entity diagnosed. Specifically, is it at least as likely as not (a 50% or greater probability) that such disability was incurred during the Veteran’s service, (his active duty service and the periods of ACDUTRA in 1992 noted above) to include as due to marches, or parachuting trauma? (c) If a current foot disability is determined to not have been incurred in service, identify the etiology that is considered to be more likely. The examiner must include rationale with all opinions, citing to supporting factual data and medical principles as deemed appropriate. GEORGE R. SENYK Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Bayles, 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.