Citation Nr: 21069895
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 14-06 183
DATE: November 22, 2021

REMANDED

Service connection for left leg stress fractures is remanded.

Service connection for right leg shin splints with hair line fracture is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Army from June 1979 to March 1980 and from February 1981 to November 1990.  

These matters come before the Board of Veterans' Appeals (Board) from an August 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  This appeal is being adjudicated under the legacy appellate framework.

The Veteran does not desire a personal hearing before the Board.

These matters were previously before the Board, and, in May 2018 and November 2020, the Board remanded these matters for further development.  Unfortunately, these matters must be remanded for further development prior to disposition.

 

1. Service connection for left leg stress fractures is remanded.

2. Service connection for right leg shin splints with hair line fracture is remanded.

At issue is whether the Veteran is entitled to service connection for bilateral leg disabilities.  In November 2020, the Board remanded this matter for a VA addendum opinion.  The Veteran was provided a VA medical opinion in May 2021.  Unfortunately, the examiner "failed to . . . chronicle the Veteran's statements of pain but continues to discount any symptomology based upon the lack of a current  diagnosis."  See October 2021 Appellate Brief.  Therefore, this matter must be remanded in order to provide a VA medical addendum addressing the medical significance if any of Veteran's statement of pain in order to ensure substantial compliance with the Board's previous remand instructions.  Stegall v. West, 11 Vet. App. 268 (1998).

The matters are REMANDED for the following action:

Arrange to provide the Veteran with a VA examination in order to address the following:

(a.) Discuss the medical significance, if any, of the Veteran's reports of pain in the bilateral lower extremities on whether or not the Veteran's symptomology is related to a period of service?  Why?

(b.) Does the Veteran manifest pain of the lower extremities that functionally impairs the Veteran's ability to work?  Why or why not?

(c.) Is it at least as likely as not (50 percent or more) that a medical nexus exists between an in-service incurrence and a current diagnosis of a bilateral leg disability (to include leg pain sufficient to functionally impair the Veteran's ability to work)?  Why or why not?

(d.) Is it at least as likely as not (50 percent or more) that a current diagnosis of a bilateral leg disability (to include leg pain sufficient to functionally impair the Veteran's ability to work) was proximately due to or aggravated by a previously service-connected disability?  Why or why not?

(e.) If the Veteran does have a bilateral leg disability that was aggravated by a previously service-connected disability, then please estimate the baseline severity of the condition absent any aggravating effects.  Please explain why.

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	David R. Seaton, 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.