Citation Nr: 19190801
Decision Date: 12/03/19	Archive Date: 12/03/19

DOCKET NO. 17-20 303
DATE: December 3, 2019

REMANDED

Entitlement to service connection for a right leg disability, to include as secondary to a service-connected thoracolumbar spine disability, is remanded. 

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from November 1971 to November 1974.  Among his decorations is the Parachute Badge. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In August 2019, the Veteran testified before the undersigned Veterans Law Judge. 

1. Entitlement to service connection for a right leg disability is remanded. 

Remand is warranted, because the April 2014 and July 2018 VA examiners’ opinions are inadequate.  Specifically, they do not provide sufficient rationale and do not address a secondary theory of entitlement raised by the record.  Thus, an addendum opinion is necessary on remand.  Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).  Any outstanding treatment records should also be secured.

The matter is REMANDED for the following action:

1. Obtain all outstanding VA treatment records.

2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records, to include updated records from Kaiser Permanente. 

3. Then refer the claims file to an examiner for preparation of an addendum opinion as to the etiology of the Veteran’s right leg disability.  The entire claims file should be made available to the examiner.  No additional examination is necessary, unless the examiner determines otherwise. 

Following a review of the claims file, the examiner should opine as to whether it is as least as likely as not (50 percent or greater probability) that any disability affecting the right leg diagnosed since June 2013, to include right knee strain and any right lower extremity neurological disorder diagnosed in the Veteran’s treatment records: 

(a)	had its onset in or is otherwise related service, to include as a result of the cumulative impact of multiple parachute jumps (around 30 – please review Board hearing transcript) or the documented 1973 right leg injury from falling off the back of a truck therein;

(b)	is proximately due to his service-connected thoracolumbar spine disability and/or right foot hallux valgus; or

(c)	has been aggravated (worsened beyond natural progression) by his service-connected thoracolumbar spine disability and/or right foot hallux valgus. 

Please discuss the Veteran’s testimony of hurting his right leg after a particularly bad landing from jumping (see Board Hearing Transcript at 4-5) and note that the lack of contemporaneous medical records is not dispositive and may not be used as the sole basis for a negative opinion.  

Furthermore, please note there is no temporal requirement that the primary conditions (thoracolumbar spine disability/right foot hallux valgus) be service-connected, or even diagnosed, at the time the secondary condition (right leg disability) is incurred, and reliance on this fact will render any opinion inadequate.  If the examiner is unable to opine without resorting to speculation, he or she should offer a rationale for reaching that conclusion.  A complete rationale should be given for all opinions and conclusions expressed.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S.S. Mahoney

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.