Citation Nr: 21025264 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 15-26 440 DATE: April 27, 2021 REMANDED Entitlement to service connection for a bilateral foot disability, to include bilateral calcaneal spurs, bilateral plantar fasciitis, and bilateral degenerative arthritis, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1978 to August 1981. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded this matter in May 2019 for additional development. The matter is now returned to the Board for further appellate review. The Veteran contends his bilateral foot disability, to include bilateral calcaneal spurs, bilateral plantar fasciitis, and bilateral degenerative arthritis is related to his in-service diagnosis of acute arthritis caused by serum sickness or, in the alternative his in-service diagnosis of staphylococcus pharyngitis. In May 2019, the Board remanded the Veteran’s claim, finding the April 2016 opinion of record inadequate. VA provided the Veteran an examination in January 2020, at which time the examiner opined that the Veteran’s current bilateral foot disability, to include bilateral calcaneal spurs, bilateral plantar fasciitis, and bilateral degenerative arthritis was less likely than not incurred in or caused by the claimed in-service injury, event, or illness, to include acute arthritis caused by serum sickness. Throughout the pendency of the appeal, the Agency of Original Jurisdiction (AOJ) and the previous VA examiner have addressed whether the Veteran’s current bilateral foot disability is related to his in-service diagnosis of acute arthritis due to serum sickness and staphylococcus pharyngitis. However, the January 2020 examiner did not opine whether the Veteran’s bilateral foot disability was related to his in-service diagnosis of staphylococcus pharyngitis. As the examiner's opinion does not fully address the Veteran's contentions, another remand is necessary to obtain an adequate opinion. See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007) (once VA undertakes to provide an examination, it must provide an adequate one). Further, VA's duty to assist requires reasonable efforts to ensure all relevant treatment records have been obtained and associated with the claims file. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159 (c); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016). The Veteran, in a March 2015 Primary Care Outpatient Note, indicated he sought treatment for his bilateral foot condition from a podiatrist; however, there is no indication VA has attempted to obtain these records. VA must attempt to obtain these treatment records as they are relevant to the Veteran's claims. Id. The matter is REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for treatment records from his podiatrist that he reported at a March 2015 Primary Care visit. Make two requests for the authorized records from any identified physician unless it is clear after the first request that a second request would be futile. 2. Obtain an addendum opinion preferably from the January 2020 clinician addressing whether the Veteran’s bilateral foot disability, to include bilateral calcaneal spurs, bilateral platan fasciitis, and bilateral degenerative arthritis is at least as likely as not (50 percent probability or greater) related to his in-service diagnosis of staphylococcus pharyngitis. If the January 2020 VA examiner is no longer available, the opinion may be obtained from another clinician. The Veteran should not be scheduled for an additional examination unless deemed necessary by the selected clinician. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Zachery S.C. Luce, 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.