Citation Nr: 21070264 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 16-28 479 DATE: November 23, 2021 REMANDED Entitlement to service connection for a right leg condition, to include right leg atrophy, weakness, and right foot drop, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1969 to October 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran provided testimony at a February 2016 videoconference hearing before the undersigned Veterans Law Judge at the RO. A transcript of the hearing is associated with the claims folder. This matter was previously before the Board in January 2021. The issue of entitlement to service connection for a right leg condition was denied. The Veteran appealed the January 2021 decision to the Court of Appeals for Veterans Claims (CAVC). In a September 2021 Joint Motion for Remand (JMR), the Board's decision was vacated and remanded because of inadequate reasons and bases as the June 2020 VA examination opinion was inadequate. Specifically, the CAVC noted, The parties agree that remand is warranted because the Board failed in its duty to assist Appellant in obtaining an adequate medical opinion. Specifically, the examiner's statement that Appellant "... clearly has right leg atrophy, weakness, and right foot drop these diagnosis [sic] appear to be secondary to a neurological condition that did not manifester during service" is speculative...On remand, the Board should ensure an opinion is provided that adequately discusses the etiology of Appellant's right leg condition. Based on the foregoing, and pursuant to the September 2021 JMR, the Board finds that remand is warranted for an addendum opinion. The examiner must adequately explain the etiology for all diagnoses. The matters are REMANDED for the following action: 1. Obtain any ongoing VA or private treatment records. Should they exist, associate them with the claims file. 2. Forward the claims file to the examiner who conducted the July 2020 VA examination for an addendum opinion and rationale based on direct service connection. If the examiner is unavailable, the claims file should be forwarded to another appropriate examiner to provide the requested opinion and rationale. If the requested opinion cannot be provided without another examination of the Veteran, schedule him for a VA examination with an appropriate examiner. The examiner shall provide an opinion as to the following question: Is it at least as likely as not (a fifty percent probability or greater) that the Veteran's right leg condition, to include right leg atrophy, weakness, and right foot drop, are the result of an injury incurred in or as a result of his period of active-duty service? A detailed rationale supporting the examiner's opinions should be provided. The rationale for any opinion expressed must be provided. Note that the lack of documented treatment in service, while probative, cannot serve as the sole basis for a negative finding. If an opinion cannot be made without resort to speculation, the examiner should so state and provide reasoning as to why a conclusion would be so outside the norm that such an opinion is not possible. Note: The examiner is reminded that the term "as likely as not" does not mean "within the realm of medical possibility," but rather that the evidence of record is so evenly divided that, in the examiner's expert opinion, it is as medically sound to find in favor of the proposition as against it. 3. Conduct any other development deemed necessary and then readjudicate the Veteran's claim. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jackman, Bridget 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.