10-09 873, 10-09 873

The Veteran is service-connected for pes planus with plantar fasciitis, right foot, rated 20%.
Active service periods: January 1980–July 1980 and October 1982–October 1989.
The appeal is from a February 2009 VA RO decision in Nashville, Tennessee.
The RO denied an increased rating and also denied service connection for respiratory problems due to a positive TB tine test; the latter claim was withdrawn in February 2010 and is no longer on appeal.
The Board remanded for further development due to lack of contemporaneous examination and complete record of prior treatment.
VA duties to assist include obtaining a current examination and any necessary medical testing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to an increased rating for right foot pes planus with plantar fasciitis.	Last VA exam (Sept 2008) and records do not capture full symptomatology and prior surgeries; orthotics provide limited relief but do not relieve pain.	A current, thorough VA examination is needed to determine the present severity before deciding on an increased rating.	Remanded for a contemporaneous VA examination and readjudication.

Green v. Derwinski, 1 Vet. App. 121 (1991) (duty to assist may include a thorough and contemporaneous medical examination)
Floyd v. Brown, 9 Vet. App. 88 (1996) (duty to assist includes considering prior medical treatment records)
Ardison v. Brown, 6 Vet. App. 405 (1994) (when record does not reveal current state, require contemporaneous examination)
Kutscherousky v. West, 12 Vet. App. 369 (1999) (remand for additional development)