Citation Nr: 22014871 Decision Date: 03/15/22 Archive Date: 03/15/22 DOCKET NO. 19-20 689 DATE: March 15, 2022 REMANDED Entitlement to service connection for bilateral pes planus is remanded. Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran was a member of the Reserves from January 1983 to May 2005, with a period of active service from December 1990 to April 1991. These matters come before the Board of Veterans' Appeals (Board) on appeal from a May 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In August 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that hearing has been associated with the claims folder. With respect to the Veteran's claim of service connection for bilateral pes planus, the Veteran contends that he has bilateral pes planus that preexisted his service and was aggravated thereby due to his training. See, e.g., the August 2021 Board hearing transcript, pgs. 3, 10. The Board observes that most of the Veteran's service treatment records are not available. However, the Board notes that the Veteran is competent to attest to injuring his feet from training. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). The Board observes that an enlistment examination for the Veteran's service is not currently of record. In light of the foregoing, the Board finds that remand is warranted for a VA examination to determine whether the Veteran's pes planus existed prior to service, and if so, whether it was aggravated beyond its natural progression by such service. With regard to the Veteran's claim of service connection for a right knee disability, the Veteran contends that he has a right knee disability that is related to his service, specifically from injury to his knee from training. See, e.g., the August 2021 Board hearing transcript, pgs. 11-12, 19. As discussed above, most of the Veteran's service treatment records are unavailable for review. However, the Veteran is competent to attest to injuring his right knee from training. Jandreau, supra. Further, during the August 2021 Board hearing, the Veteran reported current right knee impairment as well as longstanding knee symptoms. See the August 2021 Board hearing transcript, page 12. There is no medical opinion of record which indicates whether the Veteran's present claimed right knee disability is due to service. Accordingly, the Board finds that an opinion should be obtained on remand. Finally, the Board notes that outstanding VA treatment records should be obtained on remand. The matters are REMANDED for the following action: 1. Make additional attempts to obtain the Veteran's medical records from his Reserves service from 1983 to 2005, to include any enlistment and separation exams. 2. Request VA treatment records dated from April 2020 to present. 3. Obtain a VA examination and opinion to determine the nature and etiology of the Veteran's bilateral pes planus. The claims folder must be provided to and reviewed by the examiner as part of the examination. All indicated tests should be accomplished and all clinical findings reported in detail. a) Based upon the examination results and review of the record, the examiner should identify the existence of any pes planus present during the course of the claim. b) The examiner must then determine whether there is clear and unmistakable (obvious, manifest, or undebatable) evidence that any diagnosed pes planus disability preexisted (i) the Veteran's enlistment in the Reserves in 1983, and/or (ii) his active service from December 1990 to April 1991? c) If it is determined that pes planus clearly and unmistakably preexisted service, is there clear and unmistakable (obvious, manifest, or undebatable) evidence that the preexisting pes planus was not aggravated beyond the natural progression of the condition? d) If any diagnosed pes planus did not clearly and unmistakably preexist service, did it at least as likely as not (50 percent probability or greater) have its onset during service or is it otherwise related to service? The term "aggravated" in the above contexts refers to a permanent worsening of the underlying condition, as contrasted to temporary or intermittent flare-ups of symptomatology which resolve with return to the baseline level of disability. A rationale for all requested opinions shall be provided. 4. Schedule the Veteran for a VA examination to determine the nature and etiology of his claimed right knee disability. The claims folder must be made available to the examiner. All indicated tests should be accomplished and all clinical findings reported in detail. The examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran has a right knee disability that is related to his service, to include his report of sustaining injury to the knee from training. The examiner must provide a rationale for his or her opinion. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Arif Syed, 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.