Citation Nr: 21009873 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 19-32 511A DATE: February 23, 2021 ORDER Entitlement to service connection for lower leg pain (claimed as shin splints) is denied. FINDING OF FACT The Veteran does not have a current diagnosis of a lower leg condition. CONCLUSION OF LAW The criteria for entitlement to service connection for lower leg pain (claimed as shin splints) have not been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service with the United States Army from April 2013 to August 2017. This case comes before the Board of Veteran’s Appeals (Board) on appeal from a March 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In July 2020, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that hearing is of record. In August 2020, the Board granted service connection for bilateral hearing loss, tinnitus, and an acquired psychiatric disorder. The RO implemented these awards in a November 2020 decision. Issues regarding service connection for cannabis abuse secondary to the psychiatric disorder, and service connection for lower leg pain, were remanded for further development and consideration. In the November 2020 decision, the RO granted service connection for cannabis abuse, and so the sole issue remaining on appeal regards the lower leg pain. AB v. Brown, 6 Vet. App. 35 (1993). Duty to Notify and Assist VA has a duty to notify and assist claimants in substantiating a claim for VA benefits.  38 U.S.C. §§ 5100, 5102, 5103, 5103A, 5107, 5126; 38 C.F.R. §§ 3.102, 3.159, 3.326(a).  These duties have been satisfied in this case.  Appropriate notice was provided in June 2018.  The RO associated the Veteran’s service and VA and private outpatient treatment records with the claims file. All released or submitted private treatment records have been associated with the claims file.  No other relevant records have been identified and are outstanding.  Appropriate and necessary examinations were afforded the Veteran, and are adequate for evaluation, as they include needed findings to permit application of the rating schedule and identification of current disability. Such includes the examinations ordered in the August 2020 Board remand. Stegall v. West, 11 Vet. App. 268, 271 (1998). As such, VA has satisfied its duty to assist.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159(c). Neither the Veteran nor his representative have raised any issues with the duty to notify or duty to assist.  See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016). Service Connection Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). To establish entitlement to service-connected compensation benefits, a Veteran must show: “(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service-the so-called “nexus” requirement.” Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2010) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). Service connection may also be granted for disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease or injury was incurred in service. 38 C.F.R. § 3.303(d). For secondary service connection, it must be shown that the disability for which the claim is made is proximately due to or aggravated by a service-connected disability. See 38 C.F.R. § 3.310; Allen v. Brown, 7 Vet. App. 439 (1995) (en banc). Some chronic diseases may be presumed to have been incurred in service, if they become manifest to a degree of ten percent or more within the applicable presumptive period. 38 U.S.C. §§ 1101(3), 1112(a); 38 C.F.R. §§ 3.307(a), 3.309(a). For those listed chronic conditions, a showing of continuity of symptoms affords an alternative route to service connection. 38 C.F.R. § 3.303(b); Walker v. Shinseki, 708 F. 3d 1331 (Fed. Cir. 2013). Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical and lay evidence, with due consideration to VA’s policy to administer the law under a broad and liberal interpretation consistent with the facts in each individual case. 38 U.S.C. § 1154(a); 38 C.F.R. § 3.303(a). The Veteran contends that he had a lower leg condition related to his military service. Service treatment records (STRs) are silent for any treatment or diagnosis of a lower leg condition. A November 2012 and January 2016 clinical report documented that the Veteran had a normal clinical evaluation. The Veteran marked “no” for impaired use of legs. Post service treatment records are silent for any diagnosis of a lower leg condition. In July 2020, the Veteran testified that he did not have a diagnosis of any disability involving his shins. He stated that he had pain associated with his shins. He described his pain as aching and shooting that extended from the bottom of his leg to a little below his knee. He indicated that he was dealing with pain in his shins since 2014. In December 2020, the Veteran was afforded a VA examination. The Veteran did not have a current diagnosis for the associated claimed condition. The Veteran reported that while in-service he had pain in his shins and knees with prolonged running. He noted that he sometimes had pain in the mornings in his legs. He indicated that he did not know what caused his pain. The VA examiner noted that the Veteran’s file was reviewed. The VA examiner opined that the Veteran’s claimed condition was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event, or illness. The examiner explained that the Veteran’s January 2016 separation examination was negative for any knee or shin issues. Furthermore, there was no objective evidence of a disabling knee or shin condition on the examination. The Veteran had full range of motion without pain and his gait was normal without pain. The examiner noted that any subjective symptoms reported were not clinically disabling nor did they preclude the Veteran from seeking or maintaining gainful employment. The record does not reflect chronic complaints or treatment of a lower leg condition. The current complaints of pain were shown not to cause a functional impairment, clinical disabling, or preclude the Veteran from seeking or maintaining gainful employment. The current complaints of pain may not be service-connected, as it is not a disability. The Board notes that the Veteran testified that he had never had a diagnosis of a lower leg/shin condition. Furthermore, the December 2020 VA examiner indicated that the Veteran did not have a current diagnosis. Based on the lack of a current diagnosis for a lower leg condition or a showing of actual functional impairment due to pain at any time during the pendency of the appeal, service connection for a lower leg condition is denied. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S.Baxter 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.