Citation Nr: 21005333
Decision Date: 02/01/21	Archive Date: 02/01/21

DOCKET NO. 15-13 847
DATE: February 1, 2021

ORDER

Service connection for a disability manifested by leg cramps that cause functional impairment is granted.

FINDINGS OF FACT

1. Regarding a current disability, the Veteran reported at an August 2020 VA examination that he experiences cramping pain in the calves that spread to the hamstrings and gluteal muscles; he described these cramps as “knots” that could be triggered even by relatively light physical activity (such as bending over and climbing stairs) and that required massage and continued even after he stopped engaging in physical activity. Although the August 2020 VA examiner stated that this leg cramping is a symptom and not a diagnosis of itself, the Board finds the competent and credible evidence of record reasonably shows the Veteran’s leg cramps cause functional impairment sufficient to constitute a disability for VA purposes.

2. Regarding an in-service injury, service treatment records (STRs) show the physician at separation noted leg cramps in the Veteran’s report of medical history. A May 2019 statement of record added that he was placed on restrictions due to leg cramps. At an August 2020 VA examination, the Veteran reported that he first experienced this cramping pain in the calves during service, while stationed at Fort Riley. 

3. Regarding a causal link between the in-service leg cramps and the current disability (manifested by leg cramps that cause functional impairment), the August 2020 VA examiner diagnosed lower extremity muscle cramps of unknown cause. Although she then opined that this was unrelated to service and found “no evidence” that the leg cramps began in service and persisted since that time, the Board cannot assign significant probative weight to her negative causal linkage opinion because her rationale clearly disregards the Veteran’s competent, credible, and consistent lay reports making precisely that point. In contrast, the Board assigns significant probative weight to the Veteran’s competent, credible, and consistent statements (including sworn testimony) that his leg cramps began during service and persisted thereafter.

CONCLUSION OF LAW

The criteria are met for service connection for a disability manifested by leg cramps that cause functional impairment. 38 U.S.C. §§ 1110, 5107(b) (2018); 38 C.F.R. §§ 3.102, 3.303(b) (2020); see Saunders v. Wilkie, 886 F.3d 1356, 1367-8 (Fed. Cir. 2018) (holding that pain, alone, can constitute a disability if it causes functional impairment).

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from October 1986 to October 1989. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an August 2015 rating decision appealed in a timely notice of disagreement (NOD) later that month and perfected by a timely February 2016 substantive appeal in response to a January 2016 statement of the case (SOC). In May 2018, a hearing was held before the undersigned; a transcript of the hearing is associated with the record.

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For the reasons outlined above, the Board grants the appeal in full, obviating the need for further detailed discussion at this time.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Yuan, 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.