Citation Nr: 21011293 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 11-27 617 DATE: March 1, 2021 REMANDED Entitlement to service connection for bilateral plantar fasciitis is remanded. Entitlement to service connection for chronic bronchitis is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1990 to February 1993. These matters come before the Board of Veterans’ Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). These matters were previously before the Board on two occasions, most recently in January 2019, at which time they were remanded for development. They have been returned to the Board for appellate review. Additional development must be completed before the Veteran’s service connection claims can be finally adjudicated. With respect to the Veteran’s claim for service connection for bilateral plantar fasciitis, service records reflect in-service complaints of bilateral foot pain, and an in-service diagnosis of plantar fasciitis of the left foot. The Veteran is beset by pes planus, which condition was noted on entry into service. The Veteran has current diagnoses of plantar fasciitis in both feet. The VA examiner with whom he met in December 2019 opined that left plantar fasciitis was etiologically related to service, having been caused by his pre-existing pes planus. The Board notes that pes planus is not a service-connected condition in this case. The same examiner opined that current right foot plantar fasciitis was unrelated to service on the basis of lack of chronicity of care. A VA examiner with whom the Veteran met in September 2020 concluded that plantar fasciitis was unrelated to any aspect of service for either foot, again noting the lack of chronicity of care. The Board does not find either VA examiner’s assessment adequate in this matter. First, it is unclear whether chronic plantar fasciitis has existed since separation, and/or whether current plantar fasciitis in either foot is related to in-service injury to one or both feet. Moreover, neither opinion affords due consideration to the Veteran’s credible and consistent lay statements with respect to continuity of symptomatology. Finally, the earlier VA examiner appears not to have apprehended the standard applicable to the etiological opinion sought in this case. On remand, a new VA examination must be conducted, and a clear medical opinion obtained as to the etiology of current bilateral plantar fasciitis. With respect to chronic bronchitis, service records reflect multiple bouts of treatment for bronchitis. Moreover, the Veteran has consistently averred that he has continued to experience episodic bronchitis since separation, through the current appeal period. Nevertheless, the VA examiners with whom the Veteran has met have declined to furnish a current diagnosis of bronchitis or any respiratory disorder. In furnishing their conclusions, it does not appear the examiners have afforded due consideration to the Veteran’s lay statements regarding ongoing episodes of bronchitis, nor explained adequately why the Veteran’s respiratory complaints noted during the current appeal period do not constitute components of chronic bronchitis that manifests episodically. On remand, a new VA examination must be conducted and an expert medical opinion as to etiology obtained that cures these defects. The matters are REMANDED for the following action: 1. After obtaining the necessary authorization, obtain any outstanding VA and/or private treatment records relevant to the Veteran’s claims. 2. Then, schedule the Veteran for a VA examination to explore the etiology of his bilateral plantar fasciitis. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request.     Please identify whether, on an at least as likely as not basis (50 percent or greater probability,) the Veteran’s bilateral plantar fasciitis had its onset in service or is etiologically related to service. In addressing the above opinion, the examiner should consider the Veteran’s lay statements regarding onset of symptomatology and any continuity of symptomatology since onset and/or since discharge from service. The examiner should also consider any other pertinent evidence of record, as appropriate. All findings should be reported in detail and all opinions must be accompanied by a clear rationale. 3. Schedule the Veteran for a VA examination to explore the presence and etiology of chronic bronchitis. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request.     Please identify whether the Veteran has chronic bronchitis or another respiratory condition, to include one that manifests episodically, even if that condition is not active during the examination. For all diagnosed conditions, the examiner should opine as to whether, on an at least as likely as not basis (50 percent or greater probability,) the condition had its onset in service or is etiologically related to service. In addressing the above opinion, the examiner should consider the Veteran’s lay statements regarding onset of symptomatology and any continuity of symptomatology since onset and/or since discharge from service. The examiner should also consider any other pertinent evidence of record, as appropriate. All findings should be reported in detail and all opinions must be accompanied by a clear rationale. 4. Thereafter, the AOJ should readjudicate the claims. MARTIN B. PETERS Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Z. Sahraie, 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.