Citation Nr: 21023641 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 18-42 883 DATE: April 21, 2021 REMANDED Entitlement to service connection for a right foot condition to include plantar fasciitis and right achilles tendon insertion traction spur is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from June 1956 to March 1959. This matter comes before the Board of Veterans' Appeals (Board) on appeal from June 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously remanded in November 2018 and July 2020 Board decisions. A remand by the Board imposes a concomitant duty to ensure compliance with the terms of the remand. Where the remand orders are not complied with, the Board itself errs in failing to ensure compliance. Stegall v. West, 11 Vet. App. 268 (1998). Here, for the reasons discussed below, remand is again warranted. 1. Entitlement to service connection for a right foot condition to include plantar fasciitis and right achilles tendon insertion traction spur is remanded. The Board’s July 2020 remand directed that an addendum opinion be obtained to address whether the x-ray findings in the August 2019 VA examination demonstrate a current right foot disorder that is etiologically related to the Veteran’s period of service, to include the September 1977 slip and fall injury. Upon remand, an addendum opinion was obtained in July 2021. The examiner asserted that the “Veteran’s records indicate an x-ray which show a bone spur, however I cannot locate or review the x-ray, therefore must only rely on his clinical presentation, verbal report and records available in claims file. No objective evidence to warrant a diagnosis at this time.” Upon review of the record, the Board finds that there is sufficient evidence to establish that during the period on appeal, the Veteran has had a right foot disability. Specifically, the August 2019 VA examination notes x-ray imaging which shows a right achilles tendon insertion traction spur. Further, August 2018 VA treatment records note right foot pain with plantar fasciitis. Based on this evidence, the Veteran has had a current right foot disability during the period on appeal. A disability which resolves during the appeal period is subject to service connection. McClain v. Nicholson 21 Vet. App. 319 (2007). Further, the Veteran has asserted that his disability began in service, to include as a result of a slip and fall in service. Thus, as there is evidence of a current disability and an in-service injury, an adequate etiological opinion regarding these disabilities is warranted. Remand is appropriate to obtain an addendum opinion regarding the Veteran’s current right foot disabilities. The matters are REMANDED for the following action: 1. Obtain all outstanding VA treatment records. 2. Associate all VISTA records with the Veteran’s claims file to include but not limited to x-ray imaging of the Veteran’s right foot. 3. Obtain an addendum opinion from an appropriate clinician regarding the Veteran’s right foot disability. The examiner is asked to address the following questions: Is the Veteran’s plantar fasciitis at least as likely as not related to military service to include his slip and fall in service? Is it at least as likely as not that the Veteran’s right achilles tendon insertion traction spur is related to military service to include his slip and fall in service? The examiner is advised that the term “current disability” includes any right foot disability noted during the pendency of the Veteran’s appeal, even if the disability as since resolved. Therefore, the examiner cannot offer a negative nexus opinion based solely on the fact that the Veteran’s current disability has resolved or that the Veteran reports no current symptoms of a right foot disability. All opinions must be supported by adequate reasons and basis. The Veteran is to be presumed credible for the limited purpose of this examination. Jennifer White Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Wimbish, 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.