Citation Nr: 21014386 Decision Date: 03/12/21 Archive Date: 03/12/21 DOCKET NO. 10-27 998 DATE: March 12, 2021 REMANDED Entitlement to service connection for a bilateral foot disability, to include plantar fasciitis, heel spurs, and osteoarthritic changes, is remanded. Entitlement to service connection for toe fungus, to include to the toenails, is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from April 1963 to June 1965. He had additional military reserve service from June 1965 to April 1969 and from January 1979 to September 1997. This matter comes before the Board of Veterans' Appeals (Board) by order of the United States Court of Appeals for Veterans Claims (hereinafter “the Court”) in October 2020, which granted a joint motion for remand (JMR) vacating an October 2019 Board decision and remanding the issues on appeal for additional development. The matter initially arose from a December 2009 rating decision by the Detroit, Michigan, Regional Office (RO) of the Department of Veterans Affairs (VA).   1. Entitlement to service connection for a bilateral foot disability, to include plantar fasciitis, heel spurs, and osteoarthritic changes, is remanded. 2. Entitlement to service connection for toe fungus, to include to the toenails, is remanded. The Court order and JMR in this case found the October 2019 Board decision failed to ensure compliance with an earlier Board remand and failed to adequately identify the evidence considered against the Veteran’s credibility as to in-service injuries. Specifically, it was noted a May 2018 VA medical opinion referenced the January 2010 statements of a private podiatrist, R.L., DPM, but did not comment on the possible relationship between the service-connected callus removal and the claimed foot conditions. It was noted that a new or addendum medical opinion was necessary. A remand for this additional development is required. In addition, VA records show the Veteran had active service from April 1963 to June 1965 and military reserve service from June 1965 to April 1969 and from January 1979 to September 1997. VA regulations provide that active military, naval, or air service includes any period of active duty for training (ACDUTRA) during which the individual concerned was disabled or died from a disease or injury incurred in or aggravated in line of duty, or any period of inactive duty for training (INACDUTRA) during which the individual concerned was disabled or died from injury incurred in or aggravated in line of duty. 38 U.S.C. § 101(21), (24); 38 C.F.R. § 3.6(a), (d); Biggins v. Derwinski, 1 Vet. App. 474 (1991). ACDUTRA is, generally, full-time duty in the Armed Forces performed by reserves for training purposes. 38 C.F.R. § 3.6(c)(1). The December 2009 rating decision established service connection for the residuals of a left foot calluses sustained during reserve service in 1986. As the Veteran is shown to only have had active service from April 1963 to June 1965, any opinions obtained based upon injury or disease manifest after active service must consider whether such injury or disease was incurred in or aggravated in line of duty during a recognized period of ACDUTRA or INACDUTRA service.  The matters are REMANDED for the following action: Obtain addendum opinions from an appropriate clinician addressing: a) whether it is at least as likely as not that any foot disability diagnosed during the appeal period, to include plantar fascia of the left foot, heel spurs, and osteoarthritic changes, was either incurred in or otherwise etiologically related to service? The examiner should distinguish any injuries or disease manifest during the period of active service from April 1963 to June 1965 from any such injury or disease incurred in or aggravated in line of duty during a recognized period of ACDUTRA or INACDUTRA. The examiner should also consider and comment on the significance of the service-connected callus removal arising from reserve service in 1986, and whether such indicates an early manifestation of a current disability. Additionally, the examiner must comment on the January 2010 statement from R.L., DPM, indicating that the Veteran’s condition was “compatible with the conditions and exercises that he underwent/experienced while engaged in active military duty.” b) whether it is at least as likely as not that the claimed toe fungus, to include toenail fungus, was either incurred in or otherwise etiologically related to service? The examiner should distinguish any injuries or disease manifest during the period of active service from April 1963 to June 1965 from any such injury or disease incurred in or aggravated in line of duty during a recognized period of ACDUTRA or INACDUTRA. Additionally, the examiner must comment on the January 2010 statement from R.L., DPM, indicating that the Veteran’s condition was “compatible with the conditions and exercises that he underwent/experienced while engaged in active military duty.” MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Douglas 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.