Citation Nr: 21010744 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 14-31 929 DATE: February 25, 2021 REMANDED Entitlement to an evaluation in excess of 10 percent for meralgia paresthetica, lower left extremity, prior to July 27, 2015, and in excess of 20 percent thereafter is remanded. Entitlement to service connection for right foot plantar fasciitis is remanded. Entitlement to an evaluation in excess of 10 percent for lower back strain is remanded. REASONS FOR REMAND The Veteran served on active duty in the Marines from April 2008 to April 2012. This case comes before the Board of Veterans’ Appeals (Board) on an appeal from an April 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office. The Board issued a decision in June 2019 denying an increased rating for meralgia paresthetica, lower left extremity, prior to and after July 27, 2015, denying service connection for right foot plantar fasciitis, and remanding an increased rating for lower back strain. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In an August 2020 Order granting a Joint Motion for Partial Remand (JMPR), the Court vacated the Board’s June 2019 decision pertaining to the service connection for right foot plantar fasciitis and increased rating for meralgia paresthetica, and remanded the claim to the Board for additional development and readjudication. 1. Entitlement to an evaluation in excess of 10 percent for meralgia paresthetica, lower left extremity, prior to July 27, 2015, and in excess of 20 percent thereafter is remanded. The August 2020 Court Order remanded the matter for action consistent with the terms of the JMPR. The JMPR deemed that the Board did not fulfill its duty to assist when it did not obtain VA treatment records. Specifically, the JMR noted the Kansas City VA medical center records. The JMPR also discussed whether a new examination is necessary for his meralgia paresthetica. The Board finds that a remand is necessary to obtain a new VA examination for the Veteran. On remand, the RO should schedule a VA examination to evaluate the Veteran’s disability and address his claim of worsening and discuss whether a separate compensable rating is warranted under Diagnostic Code (DC) 8525, paralysis of the posterior tibial nerve. 2. Entitlement to service connection for right foot plantar fasciitis is remanded. The August 2020 Court Order remanded the matter for action consistent with the terms of the JMPR. The JMPR deemed that the Board did not fulfill its duty to assist when it did not obtain VA treatment records. Specifically, the JMR noted the Kansas City VA medical center records. The JMPR also discussed that the Board did not address the Veteran’s prior diagnosis of plantar fasciitis, his pain during weight bearing, and the pain in his right foot and whether it causes functional impairment that results in impaired earning capacity. Therefore, a remand is necessary to have an examiner discuss and opine these issues. 3. Entitlement to an evaluation in excess of 10 percent for lower back strain is remanded. The Veteran claims he is entitled to a higher rating for his lower back strain. The prior Board remand required the RO to obtain VA treatment records. While many records were added to the claims file since the Board remand, these are dated only through May 2020. Moreover, the records obtained indicate that the Veteran receives community care paid by VA, records of which are scanned into VistA imaging system and have not been reproduced for the record before the Board. Another remand is necessary to obtain all the Veteran’s VA medical records, to include those scanned into the VistA imaging system. The matters are REMANDED for the following action: 1. Obtain any outstanding VA or private treatment records in VA possession and associate with the claims file. Those records scanned into the VistA imaging system should also be associated with the file. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected meralgia paresthetica, lower left extremity and the nature and etiology of the Veteran’s right foot plantar fasciitis. The record and a copy of this remand must be made available and reviewed by the examiner in conjunction with the examination. The examiner should address the following: (a.) The examiner should provide a full description of the meralgia paresthetica and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. In so doing, the examiner should state whether the posterior tibial nerve is affected. (b.) The examiner should provide an opinion as to the nature and etiology of the Veteran’s right foot plantar fasciitis. To the extent possible, the examiner should identify any symptoms and functional impairments due to the pain alone and discuss the effect of the Veteran’s pain on any occupational functioning and activities of daily living. (c.) The examiner should address the Veteran’s prior diagnosis of plantar fasciitis during service and his pain on weightbearing. (d.) The examiner should address whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s right foot plantar fasciitis occurred in, or was otherwise related to, his service. A complete rationale is requested for any opinion expressed. If the requested opinion cannot be provided without resort to speculation, the examiner should so state and explain why an opinion would be speculative. J. B. FREEMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Doerfler, 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.