Citation Nr: 21026087 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 17-55 788 DATE: April 29, 2021 REMANDED Entitlement to service connection for right side weakness and stroke residuals, claimed as neuropathy, is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Air Force from August 1964 to August 1968. This issue of entitlement to service connection for neuropathy was denied by the Board in a March 2019 decision. The Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims, which vacated the decision as to that issue in an August 2020 Memorandum Decision; it is once again before the Board. Evidence in the record suggests that the Veteran sought service connection for his right side weakness and stroke; therefore, the Board will broadly construe the issue of service connection for neuropathy as a claim for service connection for right side weakness and stroke residuals, claimed as neuropathy. Clemons v. Shinseki, 23 Vet. App. 1, 6 (2009) (holding that the Board must consider any disability that “may reasonably be encompassed by” the description of the claim and symptoms and other submitted information). The Board finds that additional development is needed prior to adjudication to the issue on appeal. The record shows the Veteran suffered a stroke in 2001 and experiences right side weakness for which he seeks service connection. The Veteran asserts that his claimed disabilities were caused by his active duty service. His separation examination noted a Grade ii/V1 late systolic ejection murmur, or heart abnormality, at discharge. The Veteran, through his representative, contends his right-side weakness and stroke residuals are associated with a potential heart condition in service. There is insufficient evidence, however, for the Board to render a determination on his claims, as the Veteran has not been afforded a VA examination. VA has a duty to provide an examination or obtain a medical opinion on an issue of service connection when the record, 1) contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, 2) indicates that the disability or signs and symptoms of a disability may be associated with active service, and 3) the record does not contain sufficient information to make a decision on the issue. 38 U.S.C. § 5103A(d) (West 2014); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The threshold for determining whether the evidence “indicates” that there “may” be a nexus between a current disability and an in-service event is a low one. McLendon, 20 Vet. App. at 83. As such, based on the record before the Board, a remand for VA examination is necessary to determine the nature and etiology of the Veteran’s ride side weakness. The matters are REMANDED for the following action: 1. Appropriate efforts should be made to obtain and associate with this case file any outstanding VA medical records and all outstanding private treatment records, with all necessary assistance from the Veteran. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. 2. Schedule an examination to determine the nature and etiology of the Veteran’s right-side weakness and stroke residuals, claimed as neuropathy. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file, including a copy of this remand, the Veteran’s service treatment records, post-service medical records, and statements. It should be noted that the Veteran is competent to attest to factual matters of which he had first-hand knowledge. If there is a medical basis to support or doubt the history provided by the appellant, the examiner should provide a fully reasoned explanation. After examining the Veteran and considering his pertinent medical history and lay statements regarding his reported symptoms, the examiner should opine as to: Whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran’s right-side weakness and stroke residuals were incurred in, aggravated by, or etiologically related to his military service. The examiner should address the Veteran’s heart abnormality noted on his separation examination. (Continued on the next page)   A clear rationale for all opinions must be provided and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Javed, 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.