Citation Nr: 21026814
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 16-25 655
DATE: May 4, 2021

REMANDED

Entitlement to service connection for right lower extremity vascular disability, to include varicose veins, is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the United States Army from September 1976 to September 1996. 

This case comes before the Board of Veterans' Appeals (Board) on appeal of a December 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  When this case was last before the Board in September 2020, it was remanded for additional development. The case has now been returned to the Board for further appellate consideration.

While the Board regrets the additional delay, the Board finds that a remand is necessary in order to obtain an adequate medical opinion. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate).

Pursuant to the Board remand, a medical opinion was obtained in December 2020. The examiner opined the Veteran's right lower extremity vascular disability, including varicose veins, was less likely than not caused by or incurred in service. Although the examiner acknowledges the Veteran's service treatment records show varicose veins on the right and left leg during service, the examiner's rationale relies on the Veteran's separation examination showing the Veteran's vascular system and lower extremities as "normal." However, the Veteran's separation examination indicated the evaluation of his lower extremities was deferred to VA; thus, the Board finds this opinion inadequate for purposes of determining service connection. Furthermore, the examiner failed to comply with the remand directives instructing the examiner to address the Veteran's contentions that the varicose veins in his right leg were due to sitting in his vehicle for extended periods of time and wearing blousing straps from 10 to 12 hours per day, 5 days a week during his military service. Finally, subsequent to the examination, the Veteran submitted a statement asserting he suffered from varicose veins in his right leg during service. See Correspondence received February 2021.   

This matter is REMANDED for the following action:

1. Forward the Veteran's claims file to a qualified VA examiner for an opinion regarding the etiology of his right lower extremity disability. If an additional examination of the Veteran is deemed warranted, such examination should be provided.  Following a review of the relevant records and lay statements, the examiner is asked to provide a response to the following:

Is the Veteran's right lower extremity disability, to include varicose veins, at least as likely as not caused by or incurred in service?

The examiner should consider all medical and lay evidence of record. The examiner should address the following:  

a.	the Veteran's service connected left lower extremity disability. 

b.	The Veteran's assertions that his varicose veins are due to sitting in his vehicle for extended periods of time and wearing blousing straps for 10 to 12 hours per day, 5 days a week during his military service. 

c.	The Veteran's Correspondence received February 2021 indicating the Veteran had problems with his right leg during service. 

 

 

B. G. LeMoine

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Townsend, 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.