Citation Nr: 18159514 Decision Date: 12/19/18 Archive Date: 12/19/18 DOCKET NO. 14-24 876 DATE: December 19, 2018 REMANDED Entitlement to service connection for right peroneal nerve neuropathy (claimed as right lower extremity nerve condition), to include as secondary to service-connected hip disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1993 to February 2001. Regrettably, the Board finds that yet another remand of this appeal is necessary. It regrets the delay, but finds that a remand is necessary to ensure compliance with its prior remand directives, and to make certain that there is a complete record upon which to decide the Veteran’s claim for service connection for right peroneal nerve neuropathy, to include as secondary to a service-connected right hip disability. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (remand by the Board “confers on the veteran as a matter of law, the right to compliance with the remand orders” and the Board errs when it fails to ensure compliance with the terms of the remand); D’Aries v. Peake, 22 Vet. App. 97, 105 (2008) (there must be substantial compliance with the terms of a Court or Board remand). Here, in its March 2018 remand, the Board asked that a new examination be undertaken to determine the etiology of any right leg conditions which may or may not have been due to the Veteran’s service-connected right hip disability. The examiner was asked to address any right leg disabilities that were found at any point during the appeal period. In an October 2018 VA examination report, a VA physician determined that the Veteran had been diagnosed with a right groin pain/muscle strain during the appeal period, which was less likely than not due to, or aggravated by, her service-connected right hip disability. Unfortunately, the examiner was not asked to opine on the etiology of the Veteran’s peroneal nerve neuropathy, which he diagnosed at the time of the examination. It has been the Veteran’s contention throughout the appeal that she has a neurological disorder related to her (now service-connected) right hip disability. To date, no examiner has opined as to whether such a relationship exists. Therefore, upon remand, the Veteran’s file should be returned to the October 2018 VA examiner for an addendum opinion which addresses the etiology of the Veteran’s peroneal nerve neuropathy. See Bowling v. Principi, 15 Vet. App. 1, 12 (2001) (emphasizing the Board’s duty to return an inadequate examination report “if further evidence or clarification of the evidence... is essentially for a proper appellate decision”). In addition, in answering the Board’s previous questions regarding the Veteran’s right leg disabilities during the appeal period, the examiner determined that the appeal period began on July 2, 2014. However, the appeal period actually began on January 4, 2013. Upon remand, the examiner should be asked to determine whether any right leg disabilities existed during this period. The matter is REMANDED for the following action: Return the file to the VA examiner who conducted the October 2018 VA examination. If the October 2018 VA examiner is not available, the record should be provided to an appropriate medical professional so as to render the requested opinion. The need for an additional examination of the Veteran is left to the discretion of the clinician selected to write the addendum opinion. The examiner is asked to: a) identify and completely describe all current neurological disorders of the right lower extremity. Then, with regard to each nerve disability, the examiner is asked to determine if it is least as likely as not (i.e., a 50 percent or greater probability) that it had its onset during, or is otherwise related to, the Veteran’s active duty service. The examiner is asked to specifically address a September 1999, in-service report of numbness in the Veteran’s right leg after crossing her legs. b) then address whether is it at least as likely as not (i.e., a 50 percent or greater probability) that any diagnosed right lower extremity nerve disability was caused or aggravated by the Veteran’s service-connected right hip disability. c) address whether the Veteran has, at any time since January 4, 2013, reported right leg symptoms that are separate and distinct from her service-connected right hip disability (other than the right groin pain/muscle strain addressed in the October 2018 examination report)? If so, is it at least as likely as not (i.e., a 50 percent or greater probability) that any currently-diagnosed right leg disability is proximately due to, or the result of, the Veteran’s right hip disability, or is aggravated or permanently worsened by her right hip disability. If it is determined that any right leg disability is related to the right hip disability, to the extent possible, the examiner should indicate the approximate degree of disability or baseline before the onset. In rendering each requested opinion, the examiner must consider and discus all pertinent medical and other objective evidence of record, as well as all lay assertions, to include competent assertions as to the nature, onset and continuity of the Veteran’s symptoms. All examination findings/testing results, along with complete, clearly-stated rationale for the conclusions reached, must be provided. JEREMY J. OLSEN Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Zimmerman, Associate Counsel