Citation Nr: 18126501 Decision Date: 08/16/18 Archive Date: 08/15/18 DOCKET NO. 14-25 815 DATE: August 16, 2018 REMANDED 1. The issue of entitlement to service connection for Hepatitis C is remanded. 2. The issue of entitlement to service connection for a bilateral lower extremity disability, to include as secondary to Hepatitis C, is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1975 to August 1976. In October 2017, the Veteran testified at a Board videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file. 1. The issue of entitlement to service connection for Hepatitis C is remanded. The Veteran’s post-service treatment records clearly indicate that he has a current diagnosis of Hepatitis C. Additionally, at the October 2017 hearing, the Veteran testified that he was shot with an air gun during service, which he believes resulted in his current diagnosis of Hepatitis C. He further stated that he was diagnosed with Hepatitis C one year after separation from service. Therefore, given that the Veteran has reported being shot with an air gun during service, and was diagnosed with Hepatitis C shortly thereafter, the Board finds that he should be afforded a VA examination to determine the etiology of his Hepatitis C. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). 2. The issue of entitlement to service connection for a bilateral lower extremity disability, to include as secondary to Hepatitis C, is remanded. The Veteran also claims that his bilateral lower extremity disability is the result of his Hepatitis C. Post-service VA treatment records reflect that he has been diagnosed with multiple disabilities of the bilateral lower extremities, including phlebitis of the left lower extremity, as well as vasculitis. Thus, a remand is necessary to clarify the Veteran’s current bilateral lower extremity diagnoses, as well as to determine the etiology of any identified disabilities. See McLendon, supra. The matters are REMANDED for the following action: 1. Forward the Veteran’s claims file to an appropriate examiner for an opinion as to the nature and etiology of the claimed Hepatitis C. It is left to the examiner’s discretion whether to examine the Veteran. The examiner should provide the following opinion: Whether it is at least as likely as not that the Veteran’s Hepatitis C had its onset in service or is otherwise related to an in-service disease or injury? A clear and complete rationale should be provided for any opinions expressed. The examiner should specifically consider the Veteran’s lay statements regarding being shot with an air gun during service. 2. Forward the Veteran’s claims file to an appropriate examiner for an opinion as to the nature and etiology of the claimed bilateral lower extremity disability. It is left to the examiner’s discretion whether to examine the Veteran. The examiner should identify all current disabilities of the bilateral lower extremities and provide the following opinions: (a) Whether it is at least as likely as not that any diagnosed bilateral leg disability had its onset in service or is otherwise related to an in-service disease or injury? (b) Whether it is at least as likely as not that any diagnosed bilateral lower extremity disability is either due to OR aggravated by the Veteran’s Hepatitis C? The examiner should note that aggravation is defined for these purposes as a worsening of the underlying condition versus a temporary flare-up of symptoms A clear and complete rationale should be provided for any opinions expressed. H. M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Erin J. Trojanowski, Associate Counsel