Citation Nr: 21031310 Decision Date: 05/21/21 Archive Date: 05/21/21 DOCKET NO. 18-09 413 DATE: May 21, 2021 REMANDED The appeal regarding entitlement to service connection for bilateral pes planus is remanded. The appeal regarding entitlement to service connection for a right foot bunion is remanded. The appeal regarding entitlement to service connection for bilateral plantar fasciitis is remanded. REFERRED The issues of entitlement to service connection for knee, ankle, and back disabilities, muscle spasms in both feet, tinea pedis, and a peptic ulcer were raised in a September 2015 notice of disagreement and are referred to the Agency of Original Jurisdiction (AOJ) for appropriate action. REASONS FOR REMAND The Veteran, who is the Appellant in this case, had active service from June 1963 to May 1965. This matter comes before the Board of Veterans' Appeals (BVA or Board) from a May 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina. The Veteran provided testimony at a March 2020 Video hearing before the undersigned Veterans Law Judge at the Columbia RO. A transcript of the hearing is associated with the claims folder. In May 2020, the Board denied service connection for bilateral pes planus, a right foot bunion, and bilateral plantar fasciitis. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In January 2021, the Court granted a Joint Motion for Partial Remand (Joint Motion). In the January 2021 Order, the Court vacated the portion of the May 2020 Board decision that had denied service connection for bilateral pes planus, a right foot bunion, and bilateral plantar fasciitis and remanded the case back to the Board for compliance with instructions provided in the Joint Motion. As noted in the Joint Motion, the Veteran was afforded a VA examination with regard to his claimed foot conditions in January 2018. The examiner diagnosed bilateral pes planus and plantar fasciitis and opined that neither condition was aggravated beyond its natural progression during service. However, there is no evidence that the plantar fasciitis existed prior to active service. Therefore, a remand is required to afford the Veteran a new VA examination to obtain an opinion regarding whether or not the plantar fasciitis was incurred during active service. In addition, the record reflects that the Veteran received treatment for his foot conditions from private physicians, including Dr. Silkiner, Dr. Jones, and Dr. Long. While the Veteran has submitted some of these treatment records, it is not clear whether all of the treatment records are associated with the claims file. Therefore, on remand, an attempt should be made to obtain them. The matters are REMANDED for the following action: 1. Provide the Veteran with the appropriate release form(s) necessary to request treatment records from Drs. Silkiner, Jones, and Long, as well as any other private treatment facilities where he has received treatment for his foot conditions. All attempts to procure the records should be documented in the file. If any records cannot be obtained, any negative responses should be associated with the claims file, and the Veteran and his attorney should be notified of unsuccessful attempts to obtain the records, in order to allow the Veteran the opportunity to obtain and submit those records for review. 2. Afford the Veteran the opportunity to attend a VA examination with an appropriate specialist to address the nature and etiology of his claimed plantar fasciitis. Any and all indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished, and a rationale for any opinion expressed should be provided. The claims file must be made available to the examiner for review of the history in conjunction with the examination, and the examination report should reflect that such review was accomplished. (a.) The examiner should offer the following opinion: Is it at least as likely as not (i.e., to at least a 50/50 degree of probability) that the Veteran's bilateral plantar fasciitis was incurred during or caused by active service? The examiner should consider the Veteran's competent reports of in-service foot symptoms and ongoing symptoms after service separation and must not rely solely on the absence of documentation of in-service symptoms or treatment or absence of documentation of treatment in the years following service separation in reaching his/her conclusion. Note: The term "at least as likely as not" does not mean merely within the realm of medical possibility, but rather that the weight of medical evidence both for and against a conclusion is so evenly divided that it is as medically sound to find in favor of causation as it is to find against it. All opinions are to be accompanied by a rationale consistent with the evidence of record. A discussion of the pertinent evidence, relevant medical treatises, and generally accepted medical principles is requested. If the examiner cannot provide an opinion without resorting to speculation, he or she shall provide complete explanations stating why this is so. In so doing, the examiner shall explain whether any inability to provide a more definitive opinion is the result of a need for additional information, or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question. Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Sherrard, 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.