Citation Nr: 21073393 Decision Date: 12/08/21 Archive Date: 12/08/21 DOCKET NO. 17-23 180 DATE: December 8, 2021 REMANDED Service connection for peripheral artery disease of the right lower extremity is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1976 to June 1980 and January 1981 to January 1987. This matter comes before the Board of Veteran's Appeal (Board) on appeal from a September 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran selected a hearing with a Veterans Law Judge on his May 2017 VA Form 9. In August 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. Service connection for peripheral artery disease of the right lower extremity is remanded. After reviewing the evidence of record, the Board finds that a remand is warranted because the RO failed to fulfill its duty to assist the Veteran in developing his claim by providing the Veteran with a VA examination. VA must provide an examination or obtain a medical opinion in a claim of service connection when the record contains competent lay or medical evidence of (1) a current diagnosed disability or persistent or recurrent symptoms of disability; (2) evidence establishing that the veteran suffered an event, injury or disease in-service; (3) an indication that the claimed disability or symptoms may be associated with the established event, injury, or disease in-service or with another service-connected disability; and (4) insufficient competent medical evidence for VA to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79, 81-83 (2006); see also 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4). The threshold for finding that the disability may be associated with service is low. Id. A Veteran is competent to report his observable symptoms and history, including the onset and timing of symptoms, and such reports must be considered. Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007). Here, the Veteran testified that his current peripheral artery disease symptoms are similar to the systems he experienced after an in-service injury to his right lower extremity. See August 2021 Board Hear. Trans. pp. 2-3. The Veteran explained that after spraining his leg during service, he experienced pain and numbness similar to the symptoms he experiences now. As the record evidence tends to show that the peripheral artery disease's symptoms may have had their onset during or may otherwise be related to service, the Board finds that the Veteran should have been afforded a VA examination. Accordingly, the Board finds that the issue of service connection for the Veteran's peripheral artery disease must be remanded to obtain a VA examination. See, McLendon v. Nicholson, 20 Vet. App. 79, 81-83 (2006); see also, 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4). The examiner should determine whether the Veteran's peripheral artery disease had its clinical onset in service. The examiner should also determine whether the Veteran's in-service symptoms of pain and numbness in right lower extremity were early manifestations of his peripheral artery disease. In ordering a remand in the instant case, the Board is not making a preliminary formal finding as to the credibility of the Veteran's lay reports. Rather, the Board is merely requesting that the examiner on remand consider the Veteran's own descriptions of the history of his peripheral artery disease. See, Smith v. Wilkie, 32 Vet. App. 332, 338-39 (2020). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination with an appropriate clinician to determine the nature and etiology of his peripheral artery disease. The Veteran's claims file should be made available to and be reviewed by the examiner in conjunction with the examination. All indicated tests and studies should be performed and the results reported in detail. For all diagnosed conditions: (a.) Please state whether it is at least as likely as not (50 percent probability or greater) that the Veteran's diagnosed peripheral artery disease is the result of any incident in service, had its clinical onset during service, or is etiologically related to the Veteran's active duty service in any way? Please address and provide an explanation. a. In providing a response to Part (b), please determine whether the Veteran's in-service symptoms of pain and numbness in his right lower extremity were early manifestations of the Veteran's peripheral artery disease. Please explain why or why not. For the purpose of providing the opinion requested, please accept as valid the Veteran's statements that his current right lower extremity pain and numbness are similar to the symptoms he experienced in service, and state whether a nexus between the Veteran's peripheral artery disease disability and service is medically consistent with the information provided by the Veteran. (The Board reminds the Veteran that in asking the examiner to accept the history he provided, the Board is not at this time making an assessment of the credibility of his statements). A discussion of the underlying reasons for any opinion expressed must be included in your report, to include reference to pertinent evidence of record and medical literature or treatises where appropriate. If you cannot provide the requested opinion without resorting to speculation, please expressly indicate this and state why that is so (e.g. lack of sufficient information/evidence, the limits of medical knowledge, etc.). S.C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Foster, Associate 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.