Citation Nr: 21029658 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 15-31 047A DATE: May 14, 2021 ORDER Entitlement to service connection for right foot tendonitis, right foot pes planus, right foot crush injury, and right foot plantar fasciitis is granted. FINDING OF FACT Resolving reasonable doubt in favor of the Veteran, his right foot tendonitis, right foot pes planus, right foot crush injury, and right foot plantar fasciitis began during active service. CONCLUSION OF LAW The criteria for service connection for right foot tendonitis, right foot pes planus, right foot crush injury, and right foot plantar fasciitis have been met. 38 U.S.C. §§ 1110, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1982 to March 1987. This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in April 2019. A transcript of the hearing is associated with the electronic claims file. The Board issued a prior remand on this claim in July 2019. Service Connection Generally, to establish service connection a Veteran must show: "(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service." Davidson v. Shinseki, 581 F.3d 1313, 131516 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may also be granted for any injury or disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease or injury was incurred in service. 38 C.F.R. § 3.303(d). VA is required to give due consideration to all pertinent medical and lay evidence in evaluating a claim for disability benefits. 38 U.S.C. § 1154(a). Lay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a layperson is competent to identify the medical condition, (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional. Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007). The Board must determine whether the weight of the evidence supports each claim or is in relative equipoise, with the appellant prevailing in either event. However, if the weight of the evidence is against the appellant's claim, the claim must be denied. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). 1. Entitlement to service connection for right foot tendonitis, right foot pes planus, right foot crush injury, and right foot plantar fasciitis. On the Veteran's initial application for service connection he listed cold injuries of the bilateral feet and a right foot condition. The Veteran was given a February 2011 VA examination for his feet, but the examiner was given no C-file for review and the examination was focused on the cold injury protocol. While moderate bilateral hallux limitus was found, the examiner noted that the Veteran denied any other complaints with his feet except those associated with cold injury. In a May 2019 statement, the Veteran reported having a 100-pound projectile fall on his right foot during service causing him to use crutches for a month or two. Service treatment records show the Veteran's right foot was injured in February 1983. Based on this evidence, the Board remanded the claim in July 2019 to provide the Veteran with another VA examination for his right foot and to obtain an opinion as to whether any right foot conditions, other than frostbite, were related to his active service. The Veteran was given another VA examination for his feet in October 2020. Here, the examiner diagnosed the Veteran with bilateral pes planus, a right foot crush injury, right foot tendonitis, and bilateral plantar fasciitis. She opined that these conditions in the Veteran's right foot were at least as likely as not incurred in or caused by the Veteran's reported in-service incident. Specifically, the examiner wrote "It is at least as likely as not that the claimants diagnosis of RT foot tendonitis, pes planus, plantar fasciitis and crush injury incurred during time of service. In review of medical records there is evidence that the claimant obtained a crush injury to RT foot in Feb 1983 and continued to have RT foot pain since the injury with documentation from March 1985 for evaluation of RT foot pain as well as evaluations post service supporting continuity of care." Despite this opinion, the RO scheduled the Veteran for another VA examination for his feet in December 2020. Here, the examiner diagnosed bilateral pes planus, right foot crush injury, and bilateral plantar fasciitis. However, this examiner opined that the Veteran's diagnoses were less likely than not incurred in or caused by his in-service injury. In support of this opinion, the examiner wrote "While Veteran does have multiple chronic foot conditions, medical literature does not support those being related to the in service event of dropping of a projectile on his right foot in February 1983." The examiner then goes on to explain what the medical literature indicates for these types of foot conditions, concluding that several of the Veteran's complaints of tingling, burning, numbness, and cold intolerance are consistent with his already service-connected residuals of frost bite of the right foot, rather than a crush injury. The Board notes that the Veteran's service treatment records from March 1985 indicate complaints of bilateral foot pain with a stinging feeling and that the Veteran experienced severe pain when walking. The examiner wrote "PE: feet - rigid pes planus bilateral, digits and feet cold bilateral." Service treatment records from April 1985 also indicate "both feet constantly hurt when running, walking, and standing x18 days." The Board finds the evidence of record is at least in relative equipoise. Accordingly, resolving reasonable doubt in favor of the Veteran, service connection for right foot tendonitis, right foot pes planus, right foot crush injury, and right foot plantar fasciitis is granted. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Ruiz, 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.