Citation Nr: 21040897
Decision Date: 07/07/21	Archive Date: 07/07/21

DOCKET NO. 16-07 071
DATE: July 7, 2021

REMANDED

Entitlement to service connection for bilateral flat feet is remanded.

Entitlement to service connection for a right ankle disability, to include as secondary to the Veteran's claimed bilateral flat feet disability, is remanded. 

Entitlement to service connection for a left ankle disability, to include as secondary to the Veteran's claimed bilateral flat feet disability, is remanded.

Entitlement to service connection for a left knee disability, to include as secondary to the Veteran's claimed bilateral flat feet disability, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from December 1973 to December 1976.

The Veteran testified before the undersigned Veterans Law Judge at a videoconference hearing in October 2018. A transcript of the hearing is of record.

In March 2019 and June 2020, the Board remanded the appeal. As detailed below, a remand is again required.

Bilateral Flat Feet

The Board finds that an addendum opinion is required regarding whether the Veteran's pre-existing flat feet were aggravated during service.

In this regard, an addendum VA opinion was obtained in March 2021, wherein the examiner found that the Veteran's pre-existing flat feet were clearly and unmistakably not aggravated beyond its natural progression by service.

However, the examiner failed to note the Veteran's in-service treatment for flat feet. Specifically, service treatment records show that the Veteran was treated for pes planus and other foot conditions several times while in service. In June 1975, the Veteran had a procedure on his feet to remove lesions. The Veteran was placed on a physical profile after the surgery for several weeks. In November 1975, after a podiatry consult, the Veteran's pes planus was diagnosed as symptomatic. The Board finds that such in-service notations of complaints and treatment must be addressed.

Bilateral Ankle Disability and Left Knee Disability

As the Veteran has claimed that his bilateral ankle and left knee disabilities may be secondary to his claimed flat feet disorder, such issues are intertwined, and adjudication must be deferred pending resolution of the Veteran's flat feet claim.

The matters are REMANDED for the following action:

1. Obtain updated treatment records. 

2. Obtain an opinion from an appropriate clinician to determine the nature and etiology of the Veteran's bilateral flat feet disability. 

The examiner is asked to address:

A) Whether the Veteran's pre-existing pes planus was clearly and unmistakably NOT aggravated (i.e., any worsening not due to the natural progression of the disease) by service?

B) And, if so, whether any increase in severity was clearly and unmistakably (undebatable) due to its natural progress? 

The examiner should specifically discuss service treatment records showing that the Veteran was treated for pes planus and other foot conditions several times while in service. In June 1975, the Veteran had a procedure on his feet to remove lesions. The Veteran was placed on a physical profile after the surgery for several weeks. In November 1975, after a podiatry consult, the Veteran's pes planus was diagnosed as symptomatic.

Any opinion expressed should be accompanied by a complete rationale. If the clinician cannot render these opinions without examining the Veteran, schedule the Veteran for an examination.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A.Z., 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.