Citation Nr: 21030830
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 17-57 131
DATE: May 19, 2021

REMANDED

Entitlement to service connection for a bilateral foot condition, claimed as fractures, is remanded.

REASONS FOR REMAND

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 decision. The Appellant presented testimony before the Board in March 2020. 

The Appellant contends that his current bilateral foot condition is the result of stress fractures sustained during service.  Specifically, he indicated that they occurred during his basic training and were treated with crutches and light duty assignments. 

During the Appellant's March 2020 Board hearing, he identified relevant outstanding private treatment records.  Notably, he testified that he continued to receive private treatment from Dr. M.  The last private treatment records associated with the claim file are dated in September 2017.  A remand is required to allow VA to obtain authorization and request updated records.

Additionally, the Appellant testified that he was in receipt of Social Security Administration (SSA) disability benefits for his feet.  These records have not been obtained and a remand is required to allow VA to request these records.  

Finally, the Appellant was afforded a VA examination in August 2013; however, the opinion is inadequate.  The examiner opined the Appellant's foot condition was not incurred in service because the pain he was describing was consistent with plantar fasciitis and not the stress fractures he was treated for in servcie.  The examiner failed to address whether the calcaneal stress fractures and podalgia the Appellant was treated for in June 1975 was the precipitating incident and/or onset of the current bilateral foot condition.  Consequently, an addendum opinion must be sought. 

The matter is REMANDED for the following action:

1. Ask the Appellant to complete a VA Form 21-4142 for the private treatment provider(s) for his bilateral foot condition, to include Dr. M.  Make two requests for the authorized records from the identified provider(s) unless it is clear after the first request that a second request would be futile.

2. Obtain the Appellant's federal records from SSA, to include disability determinations and underlying medical records utilized to reach the decisions.  Document all requests for information as well as all responses in the claim file.

3. Once the development above has been completed and all requested records have been associated with the claim file, obtain an addendum opinion, or if deemed necessary schedule the Appellant for a new examination, from an appropriate clinician regarding whether the Appellant's stress fractures and podalgia treated in June 1975 was the precipitating incident and/or onset of the current bilateral foot condition, variously diagnosed as plantar fasciitis and peroneal tendinopathy.  The complete rationale for all opinions expressed must be provided. 

4. If upon completion of the above action, the matter remains denied the issue must be returned to the Board of compliance with appellate procedures. 

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. L. Wallin, 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.