Citation Nr: 21031923 Decision Date: 05/25/21 Archive Date: 05/25/21 DOCKET NO. 17-59 520 DATE: May 25, 2021 REMANDED Entitlement to service connection for a bilateral knee disability is remanded. Entitlement to service connection for bilateral pes planus is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1978 to June 1986. These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision by a Department of Veterans Affairs (VA) regional office. In October 2020, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the proceeding is of record. While further delay is regrettable, the Board finds remand is necessary before a decision may be rendered with respect to the matters on appeal. 1. Entitlement to service connection for a bilateral knee disability. The record reflects that the Veteran injured both of his knees during service, and he complains of current knee pain. He asserts that he has experienced knee problems since the in-service injuries. As no VA opinion has been obtained which addresses whether the Veteran has a current knee disability related to service, the Board finds remand is warranted. 2. Entitlement to service connection for bilateral pes planus. The record reflects that pes planus was noted upon the Veteran's entry into service. As the Veteran's pes planus was noted on entrance to service, his claim for service connection is based on aggravation of pre-existing disability. 38 U.S.C. §§ 1111, 1137; 38 C.F.R. § 3.304 (b). Moreover, VA is obligated to determine whether the pes planus is congenital or acquired. 38 C.F.R. § 4.57. The Veteran contends that extensive walking and other physical activity in service aggravated his pes planus. As no VA opinion has been obtained which addresses whether the Veteran's pre-existing pes planus is congenital or acquired or was aggravated by service, the Board finds remand is warranted. Updated VA treatment records, as well as any relevant private treatment records identified by the Veteran, should be obtained and associated with the file. The matters are REMANDED for the following actions: 1. Ask the Veteran to identify all outstanding treatment records relevant to his bilateral knee and pes planus claims. All identified VA records should be added to the claims file. All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 2. After records development is completed, schedule the Veteran for a VA examination to determine whether it is at least as likely as not (50 percent probability or greater) that any current disability of the left or right knee had onset during service or is otherwise related to an in-service injury, event, or disease, to include the documented in-service injuries. The examiner should elicit a full history from the Veteran and consider the lay statements of record. The Veteran is competent to attest to factual matters of which he has first-hand knowledge, and if there is a medical basis to support or doubt the history provided by the Veteran the examiner should provide a fully reasoned explanation. A rationale for all opinions expressed is requested as adjudicators are precluded from making any medical findings. 3. Schedule the Veteran for a VA examination to determine the nature and likely cause of the Veteran's foot disabilities. The VA examiner is requested to review all pertinent records associated with the claims file, and in particular, a copy of this remand. Then, please opine as to the following: a. Is the Veteran's bilateral pes planus is congenital or acquired? The examiner should note that 38 C.F.R. § 4.57 states that "[t]he congenital condition, with depression of the arch, but no evidence of abnormal callosities, areas of pressure, strain or demonstrable tenderness," is a congenital abnormality. If the pes planus is congenital, the examiner should opine whether the disorder is more properly classified as a congenital disease or a congenital defect. For VA purposes, a defect differs from a disease in that the former is "more or less stationary in nature" whereas the latter is "capable of improving or deteriorating." If the Veteran's pes planus is either a congenital disease or acquired, the examiner is asked to answer the remaining questions: b. Did the Veteran's pre-existing pes planus increase in severity during service? c. If the Veteran's pes planus increased in severity in service, is it clear and unmistakable the Veteran's pes planus increased in severity due to a natural progression of the disease? The examiner should elicit a full history from the Veteran and consider the lay statements of record. The Veteran is competent to attest to factual matters of which he has first-hand knowledge, and if there is a medical basis to support or doubt the history provided by the Veteran the examiner should provide a fully reasoned explanation. A rationale for all opinions expressed is requested as adjudicators are precluded from making any medical findings. J. B. FREEMAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. D. Bruce, 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.