Citation Nr: 21061677 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 17-39 290 DATE: October 5, 2021 REMANDED Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for a cervical spine disability is remanded. Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right ankle disability is remanded. Entitlement to service connection for a left ankle disability is remanded. Entitlement to service connection for a right foot disability is remanded. Entitlement to service connection for a left foot disability is remanded. Entitlement to service connection for peripheral neuropathy of the right lower extremity is remanded. Entitlement to service connection for peripheral neuropathy of the left lower extremity is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from September 1978 to August 1981. This matter is before the Board of Veterans' Appeals (Board) on appeal of a February 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO), that denied service connection for a low back disability; a cervical spine disability; a right knee disability; a left knee disability; a right ankle disability; a left ankle disability; a right foot disability; a left foot disability; peripheral neuropathy of the right lower extremity; and peripheral neuropathy of the left lower extremity. The Veteran contends that he has a low back disability; a cervical spine disability; a right knee disability; a left knee disability; a right ankle disability; a left ankle disability; a right foot disability; a left foot disability; peripheral neuropathy of the right lower extremity; and peripheral neuropathy of the left lower extremity, that are all related to service. He specifically maintains that he had problems with his cervical spine (neck) during basic training at Fort McClellan in Alabama, and that he was treated with medication. The Veteran also reports that he served as a military policeman, Hawk FC crew member, and as an administrative assistant, and that he has a low back disability; right and left knee disabilities; right and left ankle disabilities, and right and left foot disabilities, as a result of having to haul around heavy boxes of ammunition, with ten thousand rounds per box, while stationed in West Germany. He states that he had to perform equipment maintenance and move objects around while serving on active duty. The Veteran indicates that he has undergone surgery on his toes, that he wears orthotics, and that he has had titanium inserts in both feet. The Veteran further asserts that he has peripheral neuropathy of the right and left lower extremities are a result of having to haul around heavy boxes of ammunition, with ten thousand rounds per box, while stationed in West Germany, as well as performing equipment maintenance and moving objects around while serving on active duty. The Veteran is competent to report having low back problems; cervical spine and/or neck problems; right and left knee problems; right and left ankle problems; right and left foot problems; and symptoms he thought were due to peripheral neuropathy of the right and left lower extremities, during service and since service. See Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). As noted above, the Veteran served on active duty in the Army from September 1978 to August 1981. His DD 214 indicates that he served as a Hawk FC crewmember for one year and four months, and as an administrative specialist for nine months. The Veteran's service personnel records reflect that he also served with the military police. The Veteran's service treatment records are unavailable, except for a July 1978 objective enlistment examination. A July 1978 objective enlistment examination report, which is somewhat illegible, includes a notation that the Veteran's right knee ached. The examiner reported that the Veteran had Osgood Schlatter's disease of the right knee, with some symptoms. It was noted that the Veteran would undergo an x-ray of the right knee and an orthopedic consultation. The x-ray of the right knee and the orthopedic consultation are not of record. Post-service private treatment records show treatment for variously diagnosed low back problems, including chronic low back pain, with age-related degenerative disc disease of the lumbar spine, and lumbar spondylosis, as well as variously diagnosed cervical spine problems, including cervical spondylosis; cervical spondylosis, with age-related changes; and cervical spondylitic degenerative changes. Such records also show that the Veteran was treated for right and left knee problems, including knee pain; a history of bilateral total knee arthroplasties, with residual pain; bilateral knee osteoarthritis; and bilateral quad tendon disruptions, status post bilateral knee arthroplasties. The Veteran's post-service private treatment records further show treatment for joint pain of the ankle/foot; hammer toes; hallux valgus; neuritis; peripheral neuropathy; and an unspecified hereditary and idiopathic peripheral neuropathy. The Veteran has not been afforded VA examinations, as to his claims for service connection for a low back disability; a cervical spine disability; a right knee disability; a left knee disability; a right ankle disability; a left ankle disability; a right foot disability; a left foot disability; peripheral neuropathy of the right lower extremity; and for peripheral neuropathy of the left lower extremity. In light of the above, the Board finds that the Veteran must be afforded a VA examination, with the opportunity to obtain responsive etiological opinions, following a thorough review of the entire claims file, as to his claims for service connection for a low back disability; a cervical spine disability; a right knee disability; a left knee disability; a right ankle disability; a left ankle disability; a right foot disability; a left foot disability; peripheral neuropathy of the right lower extremity; and for peripheral neuropathy of the left lower extremity. Such an examination must be accomplished on remand. 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: 1. Ask the Veteran to identify all medical providers who have treated him for a low back disability; a cervical spine disability; a right knee disability; a left knee disability; a right ankle disability; a left ankle disability; a right foot disability; a left foot disability; peripheral neuropathy of the right lower extremity; and for peripheral neuropathy of the left lower extremity, since February 2017. After receiving this information and any necessary releases, obtain copies of the related medical records which are not already in the claims folder. Document any unsuccessful efforts to obtain the records, inform the Veteran of such, and advise him that he may obtain and submit those records himself. 2. Notify the Veteran that he may submit lay statements from himself and from other individuals who have first-hand knowledge, and/or were contemporaneously informed of his in-service and post-service symptomatology regarding his claimed low back disability; cervical spine disability; right knee disability; left knee disability; right ankle disability; left ankle disability; right foot disability; left foot disability; peripheral neuropathy of the right lower extremity; and peripheral neuropathy of the left lower extremity. The Veteran should be provided an appropriate amount of time to submit this lay evidence. 3. Schedule the Veteran for an appropriate VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) to determine the onset and/or etiology of his claimed low back disability; cervical spine disability; right knee disability; left knee disability; right ankle disability; left ankle disability; right foot disability; left foot disability; peripheral neuropathy of the right lower extremity; and peripheral neuropathy of the left lower extremity. The claims file must be reviewed by the examiner. The examiner must diagnose all current low back disabilities; cervical spine disabilities; right knee disabilities; left knee disabilities; right ankle disabilities; left ankle disabilities; right foot disabilities; and left foot disabilities. The examiner must also specifically indicate if the Veteran has currently diagnosed peripheral neuropathy of the right lower extremity and peripheral neuropathy of the left lower extremity. Then, the examiner must opine as to whether it is at least as likely as not that any currently diagnosed low back disabilities; right knee disabilities; left knee disabilities; right ankle disabilities; left ankle disabilities; right foot disabilities; left foot disabilities; peripheral neuropathy of the right lower extremity; and peripheral neuropathy of the left lower extremity, are related to, and/or had their onset during, the Veteran's period of service. The examiner must specifically acknowledge and discuss the Veteran's report of treatment for cervical spine and/or neck problems during service, and any reports by the Veteran of low back problems; right and left knee problems; right and left ankle problems; and right and left foot problems, during and since service, as well as any reports by the Veteran of symptoms he thought were due to peripheral neuropathy of the right and left lower extremity, during service and since service. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. D. Regan, 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.