14-06 413, 14-06 413

Veteran served April–August 1990 and seeks service connection for a back disorder and bilateral foot disorder.
RO denied service connection in an April 2010 decision; Board held a hearing in May 2015 and remanded in Oct 2015 for development; June 2016 Board denied the two claims.
The Court of Appeals for Veterans Claims vacated the June 2016 Board decision in June 2017, finding VA examiners failed to address the Veteran’s lay statements about etiology (lifting tank rounds causing back injury; long marches/blisters causing plantar fasciitis).
The Board now remands to comply with the Court’s decision, directing further development rather than deciding the merits.
Remand instructions: obtain any treatment records post-October 2015; ask the December 2015 VA examiner (or an appropriate clinician) to supplement opinions specifically addressing whether the Veteran’s lumbosacral strain is at least as likely as not related to in-service lifting, and whether bilateral plantar fasciitis is at least as likely as not related to long marches in service.
The remand orders expedited handling, a readjudication after development, and issuance of a Supplemental Statement of the Case if claims remain unresolved.

Issue	Veteran's Argument	VA/Board's Argument	Held
Service connection — back disorder	Back injury in service from lifting tank rounds caused current lumbosacral strain	Prior VA exams concluded no nexus and did not find service causation	Remanded: examiner must address Veteran’s lay statements and provide a supplemental nexus opinion (50%+ standard)
Service connection — bilateral foot disorder	Long marches in service (and resulting blisters) caused current bilateral plantar fasciitis	Prior VA exam noted blisters but did not address whether marching caused current plantar fasciitis	Remanded: examiner must consider Veteran’s lay statements and provide a supplemental nexus opinion (50%+ standard)

Stegall v. West, 11 Vet. App. 268 (establishes duty to ensure compliance with remand orders and that prior inadequate examinations require correction)
Kutscherousky v. West, 12 Vet. App. 369 (reminded veterans of right to submit additional evidence after remand)