Citation Nr: 21070975 Decision Date: 11/29/21 Archive Date: 11/29/21 DOCKET NO. 14-23 581 DATE: November 29, 2021 REMANDED Entitlement to an increased rating in excess of 10 percent for neuroma of the right greater trochanteric incision, also referred to as neuroma of the right leg, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from January 1989 to August 1992. In August 2017, the Veteran was provided a hearing with the undersigned Veterans Law Judge and a transcript of the proceeding is of record. The claim has been brought before the Board in March 2018, May 2020, and May 2021 and was remanded for further development. Entitlement to an Increased Rating: Neuroma of the Right Leg The Board emphasizes its sincere regrets that there is additional delay. However, another remand is necessary to afford the Veteran every possible consideration. In the Board's May 2021 remand, the Board advised the Regional Office (RO) to obtain an addendum opinion that clarified which nerves were affected by the Veteran's neuroma and whether they were separate and distinct nerve conditions or collective overlapping symptoms of the initial neuroma diagnosis. The Board specifically requested consideration and clarification of a December 1, 2020 VA examination, which noted, in relevant part, that there was mild incomplete paralysis of the anterior tibial nerve, internal popliteal nerve, and posterior tibial nerve. However, the addendum opinions retrieved in September 2021 did not address these nerve findings. Further, the examiner did not provide any rationale for the opinions rendered and did not appear to have reviewed all the evidence of record. Therefore, the Board finds the September 2021 VA opinions are inadequate to fairly adjudicate the claim, and the RO did not substantially comply with the remand directives. The Board notes that the Court held in Stegall that a remand by the Board confers on the appellant, as a matter of law, the right to compliance with remand order. See Stegall, 11 Vet. App. at 268. The matters are REMANDED for the following action: Send the claims file to the examiner who conducted the December 1, 2020 VA examination on the Veteran's neuroma of the right greater trochanteric incision. If the December 1, 2020 examiner is not available, then the file should be sent to an appropriate examiner for the requested opinion. A copy of this remand should be made available to the examiner. If the examiner determines the requested opinion cannot be provided without an examination, then such examination should be scheduled and may be conducted via telehealth or similar service. After review of the evidence of record, the examiner is asked to identify what nerves are affected by the Veteran's service-connected neuroma of the right great trochanteric incision. Specifically, address whether the anterior tibial nerve, internal popliteal nerve, and posterior tibial nerve are part of the Veteran's neuroma. If multiple nerves are involved, please distinguish whether each nerve is a distinct and separate condition, or whether such affected nerves contribute to overlapping symptoms that are not possible to separate. In offering any opinion, the examiner must consider the full record, to include any lay statements, and the opinion should reflect such consideration. A clearly-stated rationale for any opinion offered should be provided and must not be based solely on the lack of any in-service records. JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Negron, 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.