Citation Nr: 21012535
Decision Date: 03/04/21	Archive Date: 03/04/21

DOCKET NO. 17-56 361
DATE: March 4, 2021

REMANDED

Entitlement to service connection for deep vein thrombosis, right leg, to include as secondary to service-connected right knee strain is remanded.

Entitlement to service connection for bilateral pulmonary embolism, to include as secondary to deep vein thrombosis, right leg is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 2008 to March 2012 with additional National Guard service, including a period on inactive duty for training (INACDURA). 

In October 2019, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge.  A transcript of that hearing is of record.

Entitlement to service connection for deep vein thrombosis, right leg, to include as secondary to service-connected right knee strain is remanded.

Entitlement to service connection for bilateral pulmonary embolism, to include as secondary to deep vein thrombosis, right leg is remanded.

The Veteran seeks service connection for deep vein thrombosis of his right leg and the bilateral pulmonary embolism that developed as a result of his deep vein thrombosis.  See October 2014 VA examination.  The Veteran has asserted that the deep vein thrombosis of his right leg is related to his service-connected right knee strain.  The Board cannot make a fully-informed decision on the issues of service connection for deep vein thrombosis or bilateral pulmonary embolism because no VA examiner has opined whether his deep vein thrombosis of the right leg is secondary to his service-connected right knee strain.  Accordingly, a new opinion is necessary.

On remand, updated treatment records should be obtained. See 38 C.F.R. § 3.159. See also Bell v. Derwinski, 2 Vet. App. 611 (1992).      

The matters are REMANDED for the following action:

1. Obtain the names and addresses of all medical care providers who treated the Veteran for any deep vein thrombosis or pulmonary embolism complaints since May 2012 not already associated with the record.  After securing the necessary release, take all appropriate action to obtain these records, including any VA treatment records March 2019.    

2. After completion of the above, obtain an etiology opinion (with examination or telehealth interview, review of the record, etc., if needed) from an appropriate medical profession on the likely etiology of the Veteran’s deep vein thrombosis of the right leg and bilateral pulmonary embolism.  Copies of all pertinent records should be made available to the examiner for review. The examiner should answer the following:   

Is it at least as likely as not that the Veteran’s deep vein thrombosis of the right leg which developed into a bilateral pulmonary embolism is (i) caused or (ii) aggravated by (defined as any increase in disability) the Veteran’s service-connected right knee strain?  Why or why not?  

The examiner must specifically consider and discuss the Veteran’s May 2012 post-service injury to his right leg practicing karate and if such injury was due to his service-connected right knee strain. 

The examiner must explain the rationale for all opinions in detail, citing to supporting clinical data and/or medical literature, as appropriate.  If an opinion cannot be provided, the examiner should indicate why.  

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Eric Struening

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.