Citation Nr: 21020842
Decision Date: 04/08/21	Archive Date: 04/08/21

DOCKET NO. 15-31 437A
DATE: April 8, 2021

REMANDED

Service connection for a left knee disorder, to include sciatica.

Service connection for a left foot disorder, to include sciatica.

REASONS FOR REMAND

As a procedural matter, in January 2019, the Board remanded claims for further development.  Subsequently, service connection was granted for a lumbar spine disorder and left lower extremity radiculopathy, as well as a 100 percent rating based on unemployability (TDIU).

In March 2021, the Veteran disagreed with the effective date of the TDIU; however, the issue has not been adjudicated by the Agency of Original Jurisdiction (AOJ).  Therefore, the Board does not have jurisdiction to address the claim.  If the Veteran desires to further pursue the issue, he should do so with specificity at the AOJ.  

As to the left knee disorder, a July 2015 VA examiner diagnosed sciatica of the left knee. In a September 2015 statement and July 2018 testimony, the Veteran asserted that his left knee problems stemmed from pain radiating from his back.  An October 2020 VA examiner found that the left knee disorder was less likely than not incurred in or caused by service, noting that the Veteran did not have a current left knee diagnosis; however, the examiner failed to consider the July 2015 diagnosis or address the relationship between the left knee and the now service-connected lumbar spine disability.  

As to the left foot disorder, the July 2015 VA examiner diagnosed sciatica of the left foot. The Veteran subsequently testified in July 2018 that his left foot disorder stemmed from in-service foot pain and was related to his now-service connected lumbar spine disorder.  However, the July 2015 examiner did not consider the Veteran’s testimony or opine as to the relationship between a left foot disorder and either active duty or the lumbar spine disability.  

Accordingly, further development is required in order to determine the nature and etiology of the left knee and left foot disorders.    

The matters are REMANDED for the following actions:

1. Identify and obtain any pertinent, outstanding VA and private treatment records not already of record and associate them with the claims file.

2. Direct the claims file to an appropriate clinician to determine the nature and etiology of the Veteran’s left knee and left foot disorders.  

Based on a review of the record, the clinician is asked to address the following:

•	whether it is at least as likely as not (a 50 percent probability or greater) that the left knee and left foot disorders are either: 

o	etiologically related to service; or 

o	caused or aggravated by a service-connected low back disability, to specifically include radiculopathy and spinal stenosis with degenerative disc disease.  

The clinician is advised that the medical record reflect diagnoses of sciatica of the left knee and left foot in July 2015.  

Moreover, in forming the opinions, the Veteran’s July 2018 testimony and August 2011 and September 2015 lay statements must be considered.

The rationale for all opinions must be provided

3. If the clinician determines that examinations are necessary in order to provide the requested opinions, then they should be scheduled. 

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Spigelman, 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.