Citation Nr: 23022017
Decision Date: 04/11/23	Archive Date: 04/11/23

DOCKET NO. 19-13 753
DATE: April 11, 2023

REMANDED

Entitlement to service connection for bilateral plantar fasciitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 2010 to January 2016.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of an October 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which is the agency of original jurisdiction (AOJ).

In the March 2023 informal hearing presentation (IHP), the Veteran's representative indicated that the Veteran waives AOJ review of any additional evidence added to the record, and request that the Board take jurisdiction and decide the appeal on its merits.

Entitlement to service connection for bilateral plantar fasciitis is remanded.

The Veteran contends that his bilateral foot disability is related to his military service. Specifically, he contends that his foot disability is due to standing post for 6 hours every night and spending many hours on his feet every day throughout service. See May 2019 VA Form 9. He stated that he bought insoles during his military service, but they did not help. Id. He asserted that he did not seek treatment because he did not think of it as a disability and thought his feet just hurt from standing all night on post and going on combat patrols with heavy gear throughout his 6 years of service. Id.

Military personnel records have not been obtained. On remand, these records should be sought and added to the file. If unavailable, this fact should be documented and the Veteran should be given notice and an opportunity to submit any personnel records in his possession. 

The matter is REMANDED for the following action:

1. Obtain the Veteran's military personnel records. If unavailable, comply with 38 C.F.R. § 3.159(e).

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal. If the benefits sought are not granted in full, send the Veteran and his representative a Supplemental Statement of the Case and afford them a reasonable opportunity to respond before the record is returned to the Board.

 

 

Emily Tamlyn

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Frazier, Associate Attorney

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.