Citation Nr: 20042279
Decision Date: 06/22/20	Archive Date: 06/22/20

DOCKET NO. 09-47 614
DATE: June 22, 2020

REMANDED

Service connection for gout is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty in the United States Army from January 1986 to January 1989. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2010 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.  

In a May 2020 Informal Hearing Presentation (IHP), the Veteran’s representative raised a contention that the Veteran’s in-service treatments for bilateral patellofemoral pain syndrome and bilateral iliotibial band syndrome caused his gout to be overlooked and not be diagnosed during service.  The representative argues that the Veteran was treated for pain and swelling during service that was associated with the above conditions but could instead have been early manifestations of gout that was not diagnosed.  In July 2019, the Veteran underwent a VA examination for his gout claim.  The VA examiner found no evidence of gout during service stating they relied strictly on what was written in the Veteran’s treatment records.  It is unclear if the examiner considered whether the Veteran’s in-service diagnoses of bilateral patellofemoral pain syndrome and bilateral iliotibial band syndrome caused the possibility of gout during service to be overlooked.  As such, a remand is necessary to obtain an addendum opinion to address the contentions raised in the IHP.

The matter is REMANDED for the following action:

Obtain an addendum opinion regarding whether the Veteran’s gout is at least as likely as not (50 percent or greater) related to service including whether the in-service treatment for pain and swelling were early manifestations of gout that was overlooked due to his in-service diagnosed bilateral patellofemoral pain syndrome and bilateral iliotibial band syndrome. The rationale for the opinion should be provided.       

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Michael Chandeck, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.