Citation Nr: 22012808 Decision Date: 03/07/22 Archive Date: 03/07/22 DOCKET NO. 14-18 479 DATE: March 7, 2022 REMANDED Entitlement to an initial compensable rating for right foot strain is remanded. Entitlement to an initial compensable rating for left foot strain is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1974 to September 1977. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2012 rating decision of a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). The matter was previously before the Board in March 2018, January 2020, March 2021, and November 2021. Most recently the matter was remanded for additional development to include obtaining an addendum opinion as to the current nature and severity of the Veteran's bilateral foot disabilities. The Veteran was afforded a VA examination for foot conditions and an addendum opinion was associated with the file in August 2021. The matter has been returned to the Board for appellate review. 1. Entitlement to an initial compensable rating for right foot strain is remanded. 2. Entitlement to an initial compensable rating for left foot strain is remanded. Unfortunately, additional development is necessary to ensure compliance with previous remand directives. In its March 2021 remand, the Board requested a VA examiner identify all currently diagnosed foot conditions and opine as to the etiology of each. The Board specifically requested the examiner address pes planus, plantar fasciitis, and traumatic arthritis. The August 2021 examiner obtained x-rays of the Veteran's feet. The examiner indicated the x-rays revealed degenerative or post-traumatic arthritis. However, in a summary, the examiner indicated the Veteran's x-rays were normal. Therefore, it remains unclear if the Veteran indeed has arthritis of the bilateral feet. Additionally, if the Veteran does have arthritis, the examiner did not discuss the etiology of the Veteran's arthritis in the August 2021 addendum opinion. Therefore, further remand is necessary to ensure compliance with the March 2021 remand directives. See Stegall v. West,11 Vet. App. 268, 271(1998). The matters are REMANDED for the following action: 1. Obtain an addendum opinion regarding the Veteran's right and left foot disabilities. A new examination is not necessary unless the examiner determines it to be necessary. The examiner is asked to state whether the Veteran has a diagnosis of arthritis in the right and/or left foot. If the examiner determines the Veteran does not have arthritis, the examiner must reconcile this determination with the January 2013 treatment record noting arthritis in the Veteran's feet. IF AND ONLY IF the examiner provides a diagnosis of arthritis, the examiner should opine as to whether such is at least as likely as not (50 percent or greater) related to (caused or aggravated by) or had its onset during active service. The examiner must also opine as to whether it is at least as likely as not (50 percent or greater) that the arthritis was proximately caused or aggravated by any of his other service-connected disabilities, including but not limited to, his left knee disability, bilateral foot strain, bilateral pes planus, bilateral plantar fasciitis, and bilateral ankle strain. The examiner should also comment as to whether the Veteran's arthritis is a new diagnosis or a progression of the previous diagnoses of right or left foot strain. 2. After completing the above, the Veteran's claims should be readjudicated. Z. SAHRAIE Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Sherman 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.