Citation Nr: 21003998 Decision Date: 01/25/21 Archive Date: 01/25/21 DOCKET NO. 10-12 546 DATE: January 25, 2021 REMANDED Entitlement to service connection for a left hamstring disability is remanded. Entitlement to service connection for a right hamstring disability is remanded. REASONS FOR REMAND The Veteran served on active duty with the U.S. Army from May 1962 to May 1964. He had additional service in the Army National Guard. Initially, the Board notes that when this appeal was last before the Board in July 2018 the issues of entitlement to service connection for radiculopathy of the left and right leg were remanded for further development. In November 2020, however, the Agency of Original Jurisdiction (AOJ) granted service connection for left and right lower extremity sciatic nerve paralysis (claimed as radiculopathy, bilateral legs). The Veteran has not expressed disagreement with the evaluation and/or effective date assigned. As the benefits sought on appeal have been granted, these issues are no longer before the Board. The Veteran appeals the denial of service connection for a left and right hamstring disability. He claims that his disability is related to hard landings in jump school. The Veteran has presented testimony that he accumulated 50 jumps while serving as a medic in the National Guard and that the cumulative effects of his jumps caused his current disability. In relation to his claim, the Veteran was afforded a VA examination in November 2020. During the examination, the Veteran reported a gradual onset of bilateral hamstring cramping. He reported flare ups that caused tightness to the back of the legs. The VA examiner found that the Veteran did not have a current diagnosis associated with any claimed condition. Although the Veteran reports a bilateral hamstring condition, the examiner found there was insufficient clinical evidence on examination to support a diagnosis related to these complaints. The Board notes, however, that the VA examiner found that during acute exacerbations the Veteran would have difficulty standing and walking. Although there was no evidence of pain noted on examination, the Veteran has reported cramping and tightness of the hamstrings. Furthermore, the VA examiner noted that during acute exacerbations the Veteran would have difficulty standing and walking. The Board notes that a Veteran may be service connected for pain with functional impairment. See Saunders v. Wilkie, 886 F.3d 1356 (2018). Accordingly, a remand is warranted to obtain an addendum opinion to ascertain the nature and etiology of his left and/or right hamstring pain, to include whether the pain amounts to functional impairment such that it is considered a disability. Id. The matters are REMANDED for the following action: 1. Associate with the claims folder all medical and legal documents pertaining to any applications for disability benefits with the Social Security Administration. 2. Obtain a VA opinion to determine the nature and etiology of the Veteran’s left and right hamstring pain (i.e. cramping and tightness). The examiner must be provided access to the Veteran’s electronic claims file. If, after review of the claims file, the examiner determines that another VA examination is necessary, such must be scheduled, and the Veteran must be notified. After review of the record, the examiner is requested to provide an opinion as to whether it is at least as likely as not that a right and/or left hamstring disorder is related to an in-service injury, event, or disease, or whether it is at least as likely as not (1) proximately due to a service connected disability, or (2) aggravated (a medically discernible increase in disability even if temporary) by a service connected disability. In doing so, the examiner must address the Veteran’s testimony that he accumulated 50 jumps while serving as a medic in the National Guard and that the cumulative effects of his jumps caused his current disability. As no diagnosis has been assigned, the examiner must discuss the impact of left and/or right hamstring pain upon the Veteran's functional impairment of earning capacity. In this regard, it is important to note that functional impairment of earning capacity is ultimately a determination for adjudicators to make, however, information and impressions from the VA examiner will be helpful to adjudicators in understanding the effects of the Veteran's right and left hamstring pain. The VA examiner should provide a complete rationale for any opinions provided. The examiner must reconcile any opinion with the service treatment and personnel records, any post-service diagnoses, lay statements and testimony of the Veteran. If he or she rejects the lay evidence, an explanation must be provided, and the examiner should note that the mere passage of time without treatment is not a sufficient basis for finding that no relationship between a current disability and service exists. The AOJ should ensure all requested actions have been taken and completed. Should any additional actions be required as a result of the requested development, the AOJ is given discretion to do so, if necessary. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T.S. Willie 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.