Citation Nr: 21006293 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 17-45 225 DATE: February 3, 2021 REMANDED Entitlement to service connection for left hip osteoarthritis with osteonecrosis status post hip replacement surgery is remanded. Entitlement to service connection for right hip osteoarthritis is remanded. Entitlement to service connection for right knee osteoarthritis is remanded. Entitlement to service connection for right lower extremity Charcot-Marie-Tooth disease is remanded. Entitlement to service connection for left lower extremity Charcot-Marie-Tooth disease is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1980 to July 1983. The Veteran testified before the undersigned at a March 2020 Board hearing. A transcript is of record. In May 2020, the Board remanded the matters on appeal. 1. Entitlement to service connection for left hip osteoarthritis with osteonecrosis status post hip replacement surgery is remanded. 2. Entitlement to service connection for right hip osteoarthritis is remanded. 3. Entitlement to service connection for right knee osteoarthritis is remanded. 4. Entitlement to service connection for right lower extremity Charcot-Marie-Tooth disease is remanded. 5. Entitlement to service connection for left lower extremity Charcot-Marie-Tooth disease is remanded. Following the Board’s remand in May 2020, the Veteran was afforded VA examinations to address his claims. Examinations at that time resulted in assessment of the claimed disabilities, with the examiner rendering negative etiological opinions because the service records were silent for the claimed injuries and disabilities, notwithstanding the Veteran’s competency to report the occurence events and describe symptoms. It is paramount that the VA examiner obtain and consider an adequate history from the Veteran considering the missing service records. The opinion is based on an inadequate history and must be returned. 38 C.F.R. § 4.2. The matters are REMANDED for the following action: 1. Schedule the Veteran for new VA examination(s) with an appropriate clinician(s) to determine the nature and etiology of his claimed right knee disability, left hip disability, right hip disability, left lower extremity disability, and right lower extremity disability. The examiner(s) must review the claims file in its entirety, including this REMAND, and must note that review in the examination report(s). All appropriate tests or studies should be accomplished, and all clinical findings should be reported in detail. The examiner(s) should provide an opinion as to the following: Bilateral hips (a) Identify whether the Veteran has a current left hip and/or right hip disability, to include left hip osteoarthritis with osteonecrosis status post hip replacement and right hip osteoarthritis. Please explain why or why note considering any current diagnoses of record. (b) Is it at least as likely as not (a 50 percent probability or greater) that any currently diagnosed left hip and/or right disability is etiologically related to service. Please explain why or why not. In offering the opinion, the examiner is asked to consider the Veteran’s reports that his hip disability is a result of boxing matches and training in service. See March 2020 Board hearing transcript at 8-9. Bilateral lower extremities (a) Identify whether the Veteran has a current left lower extremity and/or right lower extremity disability, to include Charcot-Marie disease. Please explain why or why note considering any current diagnoses of record. (b) Is it at least as likely as not (a 50 percent probability or greater) that any currently diagnosed left lower extremity and/or right lower extremity disability is etiologically related to service. Please explain why or why not. In offering the opinion, the examiner is asked to consider the Veteran’s reports that while in service he was beat in his calf with a billy club and has had nerve damage in his legs as a result of service. See March 2020 Board hearing transcript at 2-3. Right knee (a) Identify whether the Veteran has a current right knee disability, to include right knee osteoarthritis (claimed as injured right knee). Please explain why or why note considering any current diagnoses of record. (b) Is it at least as likely as not (a 50 percent probability or greater) that any currently diagnosed right knee disability is etiologically related to service. Please explain why or why not. In offering the opinion, the examiner is asked to consider the Veteran’s reports of jumping rope and running in service. See March 2020 Board hearing transcript at 15. (c) If the examiner offers a favorable etiological opinion on the left hip, right hip and/or Charcot-Marie-Tooth disease of each lower extremity (i.e. concludes that it is at least as likely as not that the disability was incurred in service, or is otherwise attributable thereto), the examiner should also address whether any current disability of the right knee is at least as likely as not (i) caused by, or (ii) aggravated (permanent or temporary worsening) by the disability. In offering this opinion, the examiner is asked to consider the Veteran’s reports that his deteriorating muscles and calves have impacted in knees. See March 2020 Board hearing transcript at 15. 2. The examiner(s) should provide a complete rationale for any opinion provided. If any examiner(s) cannot provide any requested opinion without resorting to speculation, he or she should expressly indicate this and provide a supporting rationale as to why an opinion cannot be made without resorting to speculation. C. TRUEBA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Joseph R. Keselyak, 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.