Citation Nr: 20036788 Decision Date: 05/28/20 Archive Date: 05/28/20 DOCKET NO. 16-42 770 DATE: May 28, 2020 REMANDED Entitlement to service connection for right leg muscle atrophy, to include as secondary to service-connected right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1999 to October 2003. 1. Entitlement to service connection for right leg muscle atrophy, to include as secondary to service-connected right knee disability is remanded. The Veteran seeks entitlement to service connection for muscle atrophy in his right leg, to include as secondary to his service-connected right knee disability. Both service and post-service treatment records show complaints of right lower extremity muscle atrophy. See March 2001 service treatment record, and April 2014 and June 2014 VA treatment records. However, it remains unclear whether the Veteran has a current disability. The Board previously remanded the claim to afford the Veteran with a new VA examination to determine whether the Veteran had current atrophy in his right lower extremity, or at any point during pendency of the appeal, that is etiologically related to his period of service or secondary to his service-connected disability. See March 2018 Board remand. The record now contains an October 2019 VA examination report in which the examiner found no evidence of muscle atrophy in the right lower extremity. Rather, the VA examiner noted that there was evidence of mild edema in the right knee and the Veteran wore a knee brace. The examination report does not contain circumferential measurements of the lower extremities, and the Veteran’s representative asserts that the VA examiner failed to accurately examine the Veteran’s right leg for muscle atrophy. The Board finds that the October 2019 VA examination report is inadequate, and a new VA examination is needed to comply with the previous remand instructions. Moreover, the Court of Appeals for Veterans Claims (Court) has held that the requirement that a claimant have a current disability is satisfied when the claimant has the disability at the time the VA claim is filed or during the pendency of the claim, even if it later resolves prior to VA’s adjudication of the claim. McCain v. Nicholson, 21 Vet. App. 319 (2007). The October 2019 VA examiner did not provide an opinion on whether the previous April 2014 and June 2014 findings of atrophy in the right lower extremity was etiologically related to service or secondary to service-connected right knee disability. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination (or a telehealth interview, a review of the record, or other appropriate substitute for an in-person examination, if deemed sufficient in the event that an in-person examination is not feasible) by an appropriate clinician to determine the following: (a.) Whether muscle atrophy involving the Veteran’s right lower extremity now, or at any point during the pendency of the appeal, is it at least as likely as not related to his period of service? (b.) Whether muscle atrophy involving the Veteran’s right lower extremity now, or at any point during the pendency of the appeal, is it at least as likely as not caused or aggravated by the Veteran’s service-connected right knee disability? (c.) In doing so, the VA examiner is asked to consider the March 2001 service treatment records that show complaints of right quadricep muscle atrophy and the VA treatment records dated in April and June 2014 which reflect findings of atrophy in right lower extremity. K. J. ALIBRANDO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Murray, 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.