Citation Nr: 21065692 Decision Date: 10/27/21 Archive Date: 10/27/21 DOCKET NO. 17-32 759 DATE: October 27, 2021 REMANDED Entitlement to service connection for numbness in left lower extremity is remanded. Entitlement to service connection for numbness in right lower extremity is remanded. Entitlement to service connection for numbness in right upper extremity is remanded. Entitlement to service connection for numbness in left upper extremity is remanded. Entitlement to service connection for lower back condition is remanded. Entitlement to service connection for left foot condition (claimed as bilateral foot swelling) is remanded. Entitlement to service connection for right eye condition is remanded. Entitlement to service connection for right knee condition is remanded. REASONS FOR REMAND The Veteran had active service from August 1974 to August 1977. 1. Entitlement to service connection for numbness in left lower extremity is remanded. 2. Entitlement to service connection for numbness in right lower extremity is remanded. 3. Entitlement to service connection for numbness in right upper extremity is remanded. 4. Entitlement to service connection for numbness in left upper extremity is remanded. 5. Entitlement to service connection for lower back condition is remanded. The Veteran contends that he has low back condition and radiculopathy-type numbness in all extremities as a result of a motor vehicle accident that occurred during active service. The Veteran is competent to report easily observable symptoms, such as pain. The service treatment records do not provide evidence of the Veteran's claimed in-service low back injury. Nonetheless, the requirement to secure a VA medical examination is a low bar. See 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The Veteran's assertions are sufficient to meet this low bar and trigger VA's duty to provide an examination. The Veteran stated that he attempted himself to obtain the accident record but was unable to do so. The RO should attempt to find any records of the motor vehicle accident that occurred at Fort Benning during active service. Additionally, the Veteran's medical treatment records show X-rays for low back diagnosing mild degenerative changes as a current condition. The RO should schedule a VA examination for both thoracolumbar and cervical spine conditions and related upper and lower extremity radiculopathy or nerve conditions. 6. Entitlement to service connection for left foot condition (claimed as bilateral foot swelling) is remanded. The Veteran's medical records show previous treatment for bilateral leg edema as varicose vein treatment in 2011. The Veteran states that this condition is related to active service and he has left foot swelling and pain, specifically in the March 2021 Board hearing, he stated that he had issues during active service after activities such as running during training. The RO should schedule a VA examination to evaluate the Veteran's left foot claim. 7. Entitlement to service connection for right eye condition is remanded. The Veteran's medical records show recent prescription for dry eye medication. The Veteran's service treatment records have reference to eye evaluations. The RO should schedule the Veteran for an eye examination to determine if there is any current eye condition that is related to or developed during active service. 8. Entitlement to service connection for right knee condition is remanded. The Veteran's medical records have a May 2017 X-ray of the right knee showing mild tricompartmental osteophyte. The Veteran stated that he had issues with the right knee during active service, particularly during activities like running during training or possibly related to the same motor vehicle accident that he claims caused his low back condition. The RO should schedule the Veteran for a VA examination for the right knee claim. The matters are REMANDED for the following action: 1. Obtain records of (1) any accident report for a motor vehicle accident involving the Veteran; and (2) any treatment at Martin Army Hospital at Ft Benning, Georgia, in 1976 or 1977. Document all requests for information as well as all responses in the claims file. 2. Schedule the Veteran for a VA examination for thoracolumbar and cervical spine examinations for low back, bilateral upper and lower extremity numbness/pain. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following for any current back, upper extremity numbness or pain, and/or lower extremity numbness or pain: a. Direct service connection Is the disability at least as likely as not related to service, including the Veteran's claims that he was injured in a car accident during service, or other lay statements made by the Veteran? Provide a rationale to support the opinion(s). b. Chronic diseases under §§ 3.303(b) and 3.309(a) Is it at least as likely as not that the disability (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? 3. Schedule the Veteran for a VA examination for his left foot swelling. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following for any disability manifested by left foot swelling: a. Direct service connection Is the disability at least as likely as not related to service, including the Veteran's claims that he was injured in a car accident during service, or other lay statements made by the Veteran? Provide a rationale to support the opinion(s). b. Chronic diseases under §§ 3.303(b) and 3.309(a) Is it at least as likely as not that the disability (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? 4. Schedule the Veteran for a VA examination for his eye condition to include dry eye. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following for any current eye disability: Direct service connection Is the disability at least as likely as not related to service, including the Veteran's claims that he was injured in a car accident during service, or other lay statements made by the Veteran? Provide a rationale to support the opinion(s). 5. Schedule the Veteran for a VA examination for his right knee. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following for any current right knee disability: a. Direct service connection Is the disability at least as likely as not related to service, including the Veteran's claims that he was injured in a car accident during service, or other lay statements made by the Veteran? Provide a rationale to support the opinion(s). b. Chronic diseases under §§ 3.303(b) and 3.309(a) Is it at least as likely as not that the disability (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Miller, 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.