Citation Nr: 21021332 Decision Date: 04/12/21 Archive Date: 04/12/21 DOCKET NO. 16-27 844 DATE: April 12, 2021 REMAND Service connection for varicose veins of the lower right extremity. REASONS FOR REMAND The Veteran served on active duty from July 1991 to July 1995. The case is on appeal from a December 2013 rating decision. In July 2020, the Veteran testified at a Board hearing. In a September 2020 decision, the Board remanded the case for further development. While the case was in remand status, in a January 2021 rating decision, the RO granted service connection for a psychiatric condition. As that benefit sought was granted in full, the issue is no longer before the Board. Additionally, in a January 2021 supplemental statement of the case (SSOC), the RO effectively granted service connection for varicose veins of the lower left extremity by combining the condition with the previously granted service connection for residual edema of the left lower extremity due to superficial vein thrombosis. Thus, the award is considered a full grant of the benefit sought and the condition is also no longer before the Board. Service connection for varicose veins of the lower right extremity. The Veteran contends his varicose veins of the lower right extremity are related to service. Specifically, he asserts that he was seen while on active duty for pain in both his right leg and that the pain existed the whole time he was on active duty. He now wears compression socks and believes the issue is a continuation of the problem that began in service. At a July 2020 Board hearing, the Veteran testified that while he was in service, he was seen for pain in both his right and left calves, but primarily the left one. Again, he reiterated that he believes his current varicose veins condition is a continuation of the pain experienced while in-service. Service treatment records (STRs), including the Veteran’s May 1991 enlistment and May 1995 separation examinations, are silent for complaints, diagnosis, or treatment of varicose veins of the Veteran’s right leg. While there are records of his reporting pain in his left leg while in service, there are no similar records regarding the right leg. Post-service medical records from August 2011 provide the Veteran has significantly bothersome varicose veins, for which it was recommended he wear compression stockings. Additional medical records provide the Veteran has varicose veins; however, they are located in his left leg, for which service connection has already been granted. The Veteran was afforded a VA examination in August 2013. While the examiner found the Veteran to have asymptomatic palpable varicose veins in both legs, he concluded it is less likely than not that a current varicose veins diagnosis is related to an event, disease, or injury during military service, as it would be speculation to attribute his mild bilateral varicose veins to service. Upon the Board’s remand, an additional VA examination and addendum medical opinion were provided to the Veteran in November 2020. The examiner concluded the claimed condition was less likely than not incurred in or caused by the claimed in-service injury, evet, or illness. As rationale, the examiner provided that after reviewing the Veteran’s medical records, as well as his medical history and physical examinations, he does not have varicose veins of the right lower extremity and, therefore, no service-connection can be determined. Although the November 2020 VA examiner found no varicose veins of the right lower extremity, the evidence from earlier in the claim indicated that there was such a condition. Perhaps the earlier diagnosis was erroneous, but the examiner did not provide any rationale as to why this would be so. Additionally, even when a condition exists during the pendency of the claim but then resolves, service connection may still be warranted. See McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). In light of the conflicting evidence whether the Veteran in fact has right lower extremity varicose veins, the Board finds that a remand is warranted for another VA examination and medical opinion. This matter is REMANDED for the following actions: Schedule the Veteran for a VA examination by an appropriate medical professional in connection with the right lower extremity varicose veins claim. The examiner should first determine whether the Veteran has varicose veins of the right lower extremity, including at any point during the claim even if resolved (since February 2012). If not, it should be explained why this is so, including with consideration of the August 2013 VA examination report. If so, then the examiner should provide an opinion as to whether it is at least as likely as not that the condition had its onset during, or is otherwise related to, service. RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Becton, 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.