Citation Nr: 19166320 Decision Date: 08/27/19 Archive Date: 08/27/19 DOCKET NO. 14-27 510 DATE: August 27, 2019 REMANDED Entitlement to service connection for a right elbow condition is remanded. REASONS FOR REMAND The Veteran served on active duty from September 2000 to November 2000. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an October 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Salt Lake City, Utah. In July 2015, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. The Veteran’s claim was previously remanded in March 2017 for an examination that determined whether the Veteran has a current right elbow disability and, if so, whether such disability is etiologically related to the Veteran’s active duty service or a service-connected condition. The June 2017 examiner opined that the Veteran’s right elbow condition was not incurred in service because there is no medical evidence documenting such an injury. See June 2017 VA Examination, p. 3. However, the Veteran maintains that she sustained an injury to her elbow as a result of her fall during her active duty service. See Hearing Testimony, p. 19. She further testified that she had a hard time communicating her physical injuries because of the migraines that developed shortly after her fall. Id. at p. 4. The Veteran’s testimony is both competent and credible, and the examiner did not provide a reason for discounting her reports. See Kahana v. Shinseki, 24 Vet. App. 428, 438 (2011); Layno v. Brown, 6 Vet. App. 465, 470 (1994). Accordingly, a new opinion is needed that fully considers the Veteran’s reports. The matters are REMANDED for the following action: Obtain a VA opinion that addresses the nature and etiology of the Veteran’s right elbow condition. If deemed necessary by the examiner, schedule the Veteran for an examination. Any indicated evaluations, studies, and tests deemed necessary should be accomplished. The claims file should be made available to the examiner designated to provide an opinion, and the examination report should include a discussion of the Veteran’s documented medical history as well as her assertions. The examiner should offer comments, an opinion and a supporting rationale that address the following: (a) Identify all right elbow impairment and diagnoses. (b) Is it at least as likely as not that any diagnosis was incurred in, aggravated by, or is otherwise etiologically related to the Veteran’s active duty service? In providing this opinion, the examiner must address the Veteran’s competent report that she has experienced right elbow pain since her fall on active duty. (c) Is it at least as likely as not that any diagnosis is caused or aggravated by a service-connected disability, including service-connected right upper extremity radiculopathy and right shoulder strain? (d) If the examiner concludes that there is no current diagnosis of a right elbow disability, is it at least as likely as not that the Veteran’s claimed symptoms (right elbow popping and pain) are a manifestation of one of her service-connected disabilities? The examiner is advised that the Veteran is competent to report her symptoms and history, and such reports must be considered. If the examiner rejects the Veteran’s reports, the examiner must provide a reason for doing so. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board W.V. Walker, Associate Counsel 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.