Citation Nr: 22014801 Decision Date: 03/15/22 Archive Date: 03/15/22 DOCKET NO. 17-45 448 DATE: March 15, 2022 REMANDED Entitlement to service connection for bilateral flat feet is remanded. REASONS FOR REMAND The Veteran had a period of active duty for training (ACDUTRA) in the U.S. Army from November 1982 to March 1983. He also had additional unverified U.S. Army Reserve service. A Travel Board hearing was held in November 2019 before the undersigned Veterans Law Judge and a copy of the hearing transcript has been added to the record. In April 2020, the Board, in pertinent part, denied service connection for bilateral flat feet; the Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In November 2021, the Court granted a Joint Motion for Partial Remand (JMPR) filed by representatives for both the Veteran and the VA Secretary, vacating the Board's decision as to the denial of service connection for bilateral flat feet, and remanding the claim to the Board for further proceedings consistent with the JMPR. In particular, the JMPR found that the Board erred in relying on a March 2015 VA opinion which failed to address the Veteran's lay statements of post-service symptoms. Specifically, the Veteran indicated, in his February 2017 appeal to the Board, that he had problems with flat feet and got treatment for them "after active duty." Additionally, during the November 2019 Board hearing, he reported that since service he has been seen by a doctor and that he has taken over-the-counter (OTC) medications to relieve pain. The Board additionally notes that he also indicated he had been given a prescription for his foot pain. The JMPR did not address the Board's prior finding that the Veteran's argument concerning in-service aggravation of a pre-service disability was without merit; accordingly, the Board will obtain an addendum opinion on direct service connection only. Additionally, the record indicates that there may be outstanding treatment records relevant to the Veteran's claim. In this regard, he testified that he was currently being seen by a doctor for his feet. The most recent medical records in the claims file are dated in 2014. Accordingly, appropriate action should be taken on remand to obtain any outstanding medical records. The matter is REMANDED for the following action: 1. Take appropriate action to obtain authorization from the Veteran to request his private treatment records for his bilateral flat feet. Make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession. 2. After any additional records are associated with the claims file, forward the claims file to an appropriate medical professional to obtain an addendum opinion regarding the Veteran's claimed bilateral flat feet. The claims file must be reviewed, and such review should be noted in the opinion. An additional VA examination may be provided if deemed appropriate. The examiner is asked to opine on the following: Is it at least as likely as not (a 50 percent probability or greater) that the Veteran's bilateral flat feet are related to service, to include in-service running and marching in boots? In offering any opinion, the examiner must address the lay statements of record, to include the Veteran's assertions that he had problems with flat feet and got treatment for them "after active duty," and that since service, that he was being seen by a doctor, and that he has taken over-the-counter (OTC) medications to relieve pain and has been prescribed prescription medication. He also testified as to experiencing constant pain in his feet and that his feet cramp up at night. All opinions expressed should be accompanied by supporting rationale. 3. Readjudicate the appeal. 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.