Citation Nr: 21064487
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 13-07 456
DATE: October 20, 2021

REMANDED

Entitlement to service connection for a right lower extremity neurological disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from June 1979 to November 2002, including service in Southwest Asia. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2010 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

In March 2018, the Veteran testified before the undersigned Veterans Law Judge.  The Board remanded the claim for further development in August 2018 and May 2021.  

1. Entitlement to service connection for a right lower extremity neurological disorder is remanded.

In a September 2021 statement, the Veteran reported that he recently submitted additional private treatment records relevant to his claim but noted that such records were not considered as evidence in the August 2021 Supplemental Statement of the Case (SSOC).  The Board construes his statement as a request for initial RO consideration of such new evidence.  Furthermore, the Board notes that the issue of direct service connection is raised by these additional treatment records in relation to Southwest Asia exposures during service.  While the August 2021 VA examiner provided an opinion as to direct service connection, he did not discuss the Veteran's exposures during service in Southwest Asia, which renders the opinion inadequate.  Accordingly, an addendum opinion is necessary on remand.

The matter is REMANDED for the following action:

1. Obtain all outstanding VA treatment records. 

2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records. 

3. Refer the claims file to an examiner for preparation of an addendum opinion addressing the etiology of the Veteran's right lower extremity neurological disorder.  The entire claims file should be made available to the examiner.  No additional examination is necessary, unless the examiner determines otherwise. 

Following a review of the claims file, the examiner should opine as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's right lower extremity neurological disorder had its onset in or is otherwise related to service, to include as a result of conceded environmental exposures during in Southwest Asia (e.g., burn pits, oil fires, sandstorms), as well as exposure to pyridostigmine bromide therein. 

In addressing this question, please note that the lack of contemporaneous medical records is not dispositive and may not be used as a basis for a negative opinion, or the fact that presumptive service connection is not available for the condition.  A complete rationale should be given for all opinions and conclusions expressed.  If unable to opine without speculation, please provide a basis for that conclusion.

4. Then readjudicate the issue on appeal, to specifically include consideration of the private treatment records submitted in September 2021 and other evidence added to the record since the August 2021 SSOC.

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S.S. Mahoney

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.