Citation Nr: 21030445 Decision Date: 05/18/21 Archive Date: 05/18/21 DOCKET NO. 17-34 956 DATE: May 18, 2021 REMANDED Entitlement to service connection for a right foot disability, to include as secondary to service-connected bilateral hip and shin splint disabilities, is remanded. Entitlement to service connection for a low back disability, to include as secondary to service-connected bilateral hip and shin splint disabilities, is remanded. Entitlement to an initial compensable rating for a left shin splint is remanded. Entitlement to an initial compensable rating for a right shin splint is remanded. Entitlement to a compensable rating prior to May 9, 2016, and a rating higher than 10 percent since May 9, 2016, for right hip, mild chronic tendonitis/bursitis with pain is remanded. Entitlement to an initial rating higher than 10 percent for left hip trochanteris pain syndrome/bursitis is remanded. Entitlement to a compensable rating for limitation of flexion of the right hip (right hip mild chronic tendonitis/bursitis) is remanded. Entitlement to a rating higher than 10 percent prior to May 9, 2016, and a compensable rating since May 9, 2016, for limitation of extension of the right hip (right hip mild chronic tendonitis/bursitis) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from November 2006 to July 2007. These matters are on appeal from a June 2016 rating decision. In February 2021, the Veteran testified at a Virtual Hearing with the undersigned Veterans Law Judge. A transcript of the hearing is of record. 1. Service Connection Claims The Veteran contends that she has right foot and low back disabilities secondary to her service-connected disabilities. Post-service private treatment records include a July 2015 report which indicates a diagnosis of scoliosis and a backache following a motor vehicle accident. However, in a June 2017 substantive appeal the Veteran stated that the motor vehicle accident was minor and that her low back disability is related to overcompensating with her right hip due to a left hip disability. In a February 2017 private medical opinion, the Veteran's treating physician opined that a right hip stress fracture caused an uneven gait which in turn caused a lumbar spine strain and assymetry. The Veteran underwent a June 2016 VA back conditions Disability Benefits Questionnaire (DBQ) examination at which time mild chronic thoracolumbar strain, lumbar hyperlordosis, and mild thoracic scoliosis was diagnosed. In a June 2016 opinion, the examiner opined that the Veteran's low back disability was not related to her service, but failed to provide an opinion as to whether it was related to any service-connected disability. In addition, the record does not include any opinion as to whether the Veteran's claimed right foot disability is related to any service-connected disability. Since the Veteran has not yet been afforded a VA examination of her right foot and no VA medical opinion has been obtained regarding whether any low back or right foot disability is related to any service-connected disability, on remand a VA examination and medical opinion should be obtained which addresses whether the Veteran's low back and right foot disabilities are related to any service-connected disabilities. 2. Increased Rating Claims The Veteran has claimed that her service-connected bilateral shin splint and hip disabilities are more severe than her current evaluations would indicate. The Veteran most recently underwent VA DBQ examinations in May 2016. However, in February 2021, the Veteran testified that her bilateral shin splint and hip disabilities had worsened since the last VA examination. Accordingly, her bilateral shin splint and hip disability rating claims should be remanded for new VA examinations. Weggenmann v. Brown, 5 Vet. App. 281, 284 (1993); VAOPGCPREC 11-95 (1995). The matters are REMANDED for the following actions: 1. Schedule the Veteran for a VA examination which addresses the nature and etiology of any right foot and low back disabilities. All indicated studies and tests should be performed. The claims folder should be made available to the examiner for review of pertinent documents. The examination report should reflect that such a review was conducted. Right foot disability: Is it at least as likely as not (50 percent or more probability) that the Veteran's right foot disability is (a) proximately due to or the result of the Veteran's service-connected disabilities, or (b) aggravated (any incremental increase in the right foot disability beyond its normal progression) by her service-connected disabilities? If it is determined that the right foot disability is related to a service-connected disability, to the extent possible, the examiner should indicate the approximate degree of disability or baseline before the onset of aggravation. Low back disability: Is it at least as likely as not (50 percent or more probability) that the Veteran's low back disability is (a) proximately due to or the result of the Veteran's service-connected disabilities, or (b) aggravated (any incremental increase in the low back disability beyond its normal progression) by her service-connected disabilities? If it is determined that the low back disability is related to a service-connected disability, to the extent possible, the examiner should indicate the approximate degree of disability or baseline before the onset of aggravation. The examiner is asked to consider and discuss as necessary the pertinent evidence of record to include the Veteran's lay statements, testimony, and complaints concerning the onset of her right foot and low back disabilities, including those made to medical providers; and February 2017 private medical opinion. The Board, by this remand, makes no determination, expressed or implied, concerning the credibility of any statements on file. The report(s) of examination should include the complete rationale for all opinions expressed. The phrase "at least as likely as not" does not mean within the realm of medical possibility, but rather the weight of medical evidence both for and against a conclusion is so evenly divided that it is as medically sound to find in favor of that conclusion as it is to find against it. If an opinion cannot be rendered without resorting to speculation, the examiner should explain why it would be speculative to respond. 2. Schedule the Veteran for VA examinations to ascertain and evaluate the current level of severity of her bilateral shin splint and hip disabilities. The claims folder should be made available to the examiner for review of pertinent documents. The examination reports should reflect that such a review was conducted. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Adams, 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.