Citation Nr: 20037501
Decision Date: 06/02/20	Archive Date: 06/02/20

DOCKET NO. 15-13 107
DATE: June 2, 2020

REMANDED

Entitlement to service connection for left lower extremity nerve damage/neuropathy is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1971 to January 1974.

In May 2018, the Veteran testified before the undersigned Veterans Law Judge at a Board of Veterans’ Appeals (Board) hearing.  A transcript of the proceeding is of record.

In August 2018, the Board remanded the issue on appeal for additional development.

1. Entitlement to service connection for left lower extremity nerve damage/neuropathy is remanded.

Upon review of the evidence of record, the Board finds remand is required to ensure substantial compliance with our August 2018 remand directives.

As part of the August 2018 remand directives, the Board sought opinions on whether it is at least as likely as not the Veteran’s left lower extremity neuropathy/nerve damage is proximately due to or aggravated by service-connected disease or injury.  However, no opinion on aggravation was obtained.  See February 2020 examination report. 

A remand by the Board confers on an appellant, as a matter of law, the right to compliance with the terms of the remand order and imposes upon VA a concomitant duty to ensure compliance with those terms.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).  Therefore, remand is warranted to ensure compliance with the Board’s remand.

Finally, VA last received private treatment records authorized by the Veteran in February 2015.  A February 13, 2015 treatment record indicates the Veteran was about to have left foot surgery, approximately a week after he fell off a step ladder and suffered a closed left calcaneus fracture.  A subsequent VA treatment record notes the surgery was performed at “U of U”, presumably the University of Utah; however, no records of the surgery are in the claims file.  See March 30, 2018 treatment record.  Therefore, the Veteran will have the opportunity to provide updated private treatment records, or authorization so VA may obtain them on his behalf.

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for private providers of treatment, including provider of the Veteran’s February 2015 left foot surgery.  Make two requests for the authorized records, unless it is clear after the first request that a second request would be futile.

2.  Obtain addendum opinions from the February 2020 examiner, or other appropriate clinician, regarding the following:

(a.) whether the Veteran’s diagnosed left lower extremity neuropathy is the same disability identified as “post traumatic neuritis”;

(b.) whether any left lower extremity neuropathy or nerve damage, to include neuritis, is at least as likely as not (1) proximately due to service-connected disease or injury, or (2) aggravated by service-connected disease or injury.

A complete rationale should be provided for each opinion the examiner gives. 

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Gregory T. Shannon

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.