Citation Nr: 21013085 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 17-50 139A DATE: March 8, 2021 MOTION TO ADVANCE ON THE DOCKET In January 2021, the Veteran requested that the appeal be advanced on the docket due to his upcoming birthday in which he would turn 75 years of age. The Board notes that he is now age 75 and the Motion to Advance on the Docket is GRANTED. REMANDED Service connection for varicose veins. REASONS FOR REMAND The Veteran served on active duty from January 1967 to May 1967, with periods of Reserve duty. He testified before the undersigned Veterans Law Judge (VLJ) in September 2020. A copy of the transcript has been associated with the record. As a procedural matter, the Veteran executed a VA Form 21-22 for the Disabled American Veterans (DAV) in April 2019. In September 2020, he appeared before the Board and elected to proceed without his representative as they were not present at the hearing. In October 2020, Attorney Morales-Perez submitted argument on the Veteran’s behalf; however, there is no properly executed form appointing Mr. Morales-Perez as the Veteran’s representative. In addition, there is no indication from the DAV that they wish to withdraw from representation. In January 2021, the Board sent the Veteran a letter seeking clarification as to his representative. Although the incorrect attorney was identified, the Veteran did not respond. As such, the DAV is still considered the representative of record. If the Veteran desires to change his representative, guidance on the proper form to fill out is included in the January 2021 letter. As to the merits of the appeal, the Veteran has provided medical evidence showing diagnoses for significant varicose veins and deep vein thrombosis (DVT). Additionally, while a majority of his service treatment records (STRs) were destroyed in the fire at the National Personnel Records Center (NPRC), he testified that he had several superficial veins diagnosed during active duty due to long marches in the cold. The Veteran has also submitted his August 1966 entrance examination and an October 1971 Report of Medical Examination, which show that while his lower extremities were normal, several superficial veins were noted later in Reserve service. As such, a medical opinion is needed to assess whether his reported superficial veins during his several months of active duty in 1967 resulted in significant varicose veins and a DVT in 1984. The matter is REMANDED for the following actions: 1. Identify and obtain any outstanding, pertinent, VA nad private treatment records and associate them with the claims file. 2. Direct the claims file to a clinician to assess the etiology of varicose veins or DVT. The claims file should be reviewed by the clinician. After a review of the file, the clinician is asked to note all relevant diagnoses and provide an opinion as to the following: • whether it is at least as likely as not (50 percent probability or greater) that the current varicose veins and/or DVT is related to service, to include his contentions of superficial veins in 1967. A thorough rationale is required for any opinions 3. If the clinician determines that an examination is necessary in order to provide the requested opinions, then one should be scheduled. L. HOWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Yacoub, 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.