Citation Nr: 18142442 Decision Date: 10/15/18 Archive Date: 10/15/18 DOCKET NO. 16-14 381 DATE: October 15, 2018 REMANDED Entitlement to service connection for left shin splint is remanded. Entitlement to service connection for right shin splint is remanded. Entitlement to service connection for a thoracolumbar spine disorder is remanded. Entitlement to service connection for a left knee condition is remanded. Entitlement to service connection for a right knee condition is remanded. Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for a stomach condition is remanded. Entitlement to service connection for an intestinal condition is remanded. Entitlement to service connection for hemorrhoids is remanded. Entitlement to service connection for athlete's foot, bilateral is remanded. Entitlement to service connection for headaches, claimed as migraines is remanded. Entitlement to service connection for a sleep disorder is remanded. Entitlement to service connection for a dental condition is remanded. REASONS FOR REMAND 1. Entitlement to service connection for left shin splint is remanded. 2. Entitlement to service connection for right shin splint is remanded. The Board cannot make a fully-informed decision on the issue of service connection for bilateral shin splints because no VA examiner has offered a probative opinion whether his current shin splint complaints are related to his complaints of shin splints in service. A November 2013 VA examiner found that the Veteran’s shin splints were not related to service because there was no evidence of treatment of shin splints in the medical records, but also acknowledged that the Veteran had compalints of shin splints in service in August 2003. As this opinion appears to be contradictory, further development is warranted in this regard. 3. Entitlement to service connection for a thoracolumbar spine disorder is remanded. The Board cannot make a fully-informed decision on the issue of service connection for a thoracolumbar spine disorder because no VA examiner has opined whether it is related to his military service. 4. Entitlement to service connection for a left knee condition is remanded. 5. Entitlement to service connection for a right knee condition is remanded. The Board cannot make a fully-informed decision on the issue of service connection for bilateral knee disorder because no VA examiner has offered a probative opinion whether his current bilateral knee complaints are related to his complaints of joint pain in service. A November 2013 VA examiner found that the Veteran’s bilateral knee complaints were not related to service because there was no evidence of treatment for a knee disability in service, but also acknowledged that the Veteran had complaints of multiple joint pain in service in 2002. As no further rationale was offered for this opinion, it is not sufficient to decide this claim. 6. Entitlement to service connection for bilateral hearing loss is remanded. The November 2013 VA examination report noted that the Veteran’s pre-existing right ear hearing loss and left ear hearing loss was not related to service, in part, because VA had not conceded the Veteran’s noise exposure in service. The Veteran’s DD-Form 214 notes that he served as a Motor Vehicle Operator for four years and he underwent multiple hearing conservation examinations in service. Thus, acoustic trauma in service should be conceded. Another medical opinion is warranted in this regard. 7. Entitlement to service connection for a stomach condition is remanded. The Board cannot make a fully-informed decision on the issue of service connection for a stomach condition because no VA examiner has offered a probative opinion whether his current stomach complaints are related to his complaints in service. A November 2013 VA examiner found that the Veteran had no pathology to render a diagnosis, but also did not conduct any diagnostic testing to confirm whether he has a current stomach disorder. Additional development is warranted in this regard. 8. Entitlement to service connection for an intestinal condition is remanded. The Board cannot make a fully-informed decision on the issue of service connection for an intestinal condition because no VA examiner has offered a probative opinion whether his current intestinal complaints are related to his complaints in service. A November 2013 VA examiner found that the Veteran had no pathology to render a diagnosis, but also did not conduct any diagnostic testing to confirm whether he has a current intestinal disorder. Additional development is warranted in this regard. 9. Entitlement to service connection for hemorrhoids is remanded. The Board cannot make a fully-informed decision on the issue of service connection for hemorrhoids because no VA examiner has offered an opinion as to whether the Veteran has hemorrhoids related to his military service. 10. Entitlement to service connection for athlete's foot, bilateral is remanded. The Board cannot make a fully-informed decision on the issue of service connection for athlete’s foot because no VA examiner has offered an opinion as to whether the Veteran has athlete’s foot related to his military service. 11. Entitlement to service connection for headaches, claimed as migraines is remanded. The Board cannot make a fully-informed decision on the issue of service connection for headaches because no VA examiner has offered a probative opinion whether his current headache complaints are related to his complaints of headaches in service. A November 2013 VA examiner found that the Veteran’s headache complaints were not related to service, but in the rationale only noted that the Veteran had been treated for headaches in service. As this seems to support the Veteran’s claim, and no further rationale was offered for this opinion, it is not sufficient to decide this claim. 12. Entitlement to service connection for a sleep disorder is remanded. The Board cannot make a fully-informed decision on the issue of service connection for sleep problems because no VA examiner has opined whether it is related to his military service. 13. Entitlement to service connection for a dental condition is remanded. The Board cannot make a fully-informed decision on the issue of service connection for a dental condition because no VA examiner has opined whether it is related to his military service. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from January 2011 to September 2013 and from October 2016 to present. 2. Obtain the Veteran’s complete service personnel records to determine whether the Veteran served in Southwest Asia. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any bilateral shin splints, bilateral knees, and/ or thoracolumbar spine disability. The examiner must opine whether these disorders are at least as likely as not related to an in-service injury, event, or disease, including complaints of shin splints and joint pain in service. 4. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any stomach, intestinal, and/ or hemorrhoids disability. The examiner must opine whether these are at least as likely as not related to an in-service injury, event, or disease, including complaints of stomach problems in service. 5. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any bilateral hearing loss disability. The examiner must opine whether any left ear hearing loss is at least as likely as not related to an in-service injury, event, or disease, including his conceded exposure to acoustic trauma in service. Regarding the right ear hearing loss, the examiner must opine whether it was at least as likely as not aggravated (non-temporary increase in severity) by service including the conceded exposure to acoustic trauma, and, if so, whether any increase in severity was clearly and unmistakably (undebatable) due to its natural progress. 6. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any bilateral athlete’s foot. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease. 7. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any headaches. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease including complaints of headaches in service. 8. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of a sleep disorder. The examiner must indicate whether the Veteran has an actual sleep disorder or whether his reported sleep problems are symptoms/manifestations of a specific underlying pathology. The examiner should opine whether a sleep disorder (or underlying diagnosed pathology manifested by sleep problems) is at least as likely as not related to an in-service injury, event, or disease. 9. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any dental condition. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Sarah B. Richmond