Citation Nr: 22017502 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 17-05 513 DATE: March 25, 2022 REMANDED Service connection for a right foot disorder. Service connection for a left foot disorder. REASONS FOR REMAND The Veteran served on active duty from June 1950 to November 1952 and from December 1953 to November 1956. The case is on appeal from a September 2015 rating decision. In November 2018, the Veteran testified at a Board hearing. Most recently, in a March 2021 decision, the Board denied the claims. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). Pursuant to a February 2022 Joint Motion for Remand (JMR), the Court issued a February 2022 Order that vacated the Board decision and remanded the claims back to the Board for further development. 1. Service connection for a right foot disorder. 2. Service connection for a left foot disorder. In its February 2022 JMR, the parties agreed that the December 2020 VA opinion that the Board relied on in its decision was inadequate, as the examiner did not discuss the Veteran's in-service permanent profile related to his pes planus. The parties also indicated VA must address and attempt to obtain medical records which are potentially available and relevant to the service connection claims. In this regard, the Veteran reported there are potentially outstanding medical records which could help his claims, to include from Martin Luther King Hospital in Kansas City, which he reported has been closed for many years. Nevertheless, the February 2022 JMR indicated VA's duty to assist requires an attempt to obtain such records. The Board notes the Veteran's service treatment records (STRs) show ongoing complaints and treatment related to his feet, to include pes planus. His June 1950 enlistment examination noted pes planus and hammer toes. A September 1952 STR indicated a diagnosis of 2nd degree pes planus and a December 1953 record similarly noted bilateral flat feet. An April 1954 STR indicated pes planus and a September 1954 STR noted the Veteran was placed on temporary duty due to his flat feet disorder. Additionally, a May 1955 STR reported he had painful feet, flat feet, short heel cords and severe pronation and calcaneovalgus. The record stated the Veteran "gets along alright when he doesn't have to work on hard surfaces and should be utilized in some other manner than standing from 4 AM to 7 PM on concrete which he is now doing in the mess hall." His permanent profile prevented prolonged standing, walking or marching due to his feet disorder. The Veteran's November 1956 separation examination also noted 2nd degree pes planus. The Board additionally notes the lay evidence of record, including the November 2018 Board hearing. The Veteran testified at this hearing that his boots were too small and too narrow, and this caused additional problems for his feet. Pursuant to the February 2022 JMR and Court Order, the claims for service connection for bilateral feet disorders must be remanded for further development. Outstanding relevant medical records must be obtained, to the extent possible, including from Martin Luther King Hospital in Kansas City, Missouri, which is now closed. In light of the remand, updated VA treatment records should also be obtained. Additionally, per the JMR, an additional VA opinion is warranted to address whether the Veteran's preexisting bilateral pes planus and hammertoes were aggravated or worsened by his service, to include his first or second periods of active duty service. The examiner must address the Veteran's significant in-service complaints and treatment related to his feet, which are noted above. Further, the examiner must review and discuss the lay evidence of record, to include the November 2018 Board hearing testimony. The matters are REMANDED for the following action: 1. Obtain VA treatment records since November 2020. 2. Obtain the necessary authorization from the Veteran and then request any relevant outstanding treatment records, to the extent possible, including such from Martin Luther King Hospital in Kansas City, Missouri, which is now closed. If such records are unavailable, the file must be clearly documented, and the Veteran should be notified of such in accordance with 38 C.F.R. § 3.159(e). 3. Thereafter, obtain a VA medical opinion from an appropriate medical professional, who has NOT provided an opinion in this case. The examiner must determine whether the Veteran's preexisting bilateral pes planus and hammertoes were aggravated during his service periods. After review of the record, the examiner should provide an opinion as to whether it is clear and unmistakable (i.e., undebatable from a medical standpoint) that the Veteran's preexisting bilateral pes planus and hammertoes were not aggravated by either period of service. "Aggravation" is an increase in severity beyond the natural progress of the disease or temporary flare-ups. (Continued on the next page) The examiner should thoroughly review and discuss the Veteran's STRs showing significant complaints and treatment for pes planus during service, along with assignment of a permanent profile, to include records dated September 1952, December 1953, April 1954, September 1954, May 1955 and November 1956. The examiner must also review and discuss the lay evidence of record, to include the Veteran's November 2018 Board hearing testimony. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Isaacs, Brandon 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.