Citation Nr: 21031713
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 14-24 721A
DATE:       May 24, 2021

REMANDED

Entitlement to service connection for a joint pain disability other than of the thoracolumbar spine, bilateral knees, or right hand is remanded.

REASONS FOR REMAND

The Veteran served active duty in the United States Army from July 1972 to August 1973. 

This matter comes on appeal from an April 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  This case was remanded to the Agency of Original Jurisdiction (AOJ) in April 2018, July 2019, and May 2020 for additional development.  The case has been returned to the Board at this time for further appellate review.

In the May 2020 remand, the Board instructed the RO to obtain an examination to determine the nature and etiology of the Veteran's joint pain.  The Veteran was provided several examinations.  During one examination, the Veteran reported experiencing constant bilateral foot and ankle pain, describing the pain as a 10 out of 10 during exertion.  No diagnosis was provided.  Although a negative opinion was provided, the Board finds the rationale is inadequate.  The Veteran's attorney raised concerns with the adequacy of the examination in a March 2021 statement. Moreover, the Board notes that treatment records do reflect a diagnosis of a foot problem.  See February 2021 VA treatment record noting pes planus. 

The Board finds that there has not been substantial compliance with the previous remand directives regarding the issue of entitlement to service connection for a joint pain disability.  Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

Obtain an addendum opinion as to whether the Veteran's joint pain, specifically his claimed bilateral foot and ankle pain, is causally related to service. Upon review of the complete records and examination of the Veteran, the examiner is asked to address: 

a.  Whether any joint pain disorders/joint pains, specifically the claimed bilateral foot and ankle pain, at least as likely as not (50 percent or greater probability) began in or are otherwise related to his military service, to include parachuting therein.

b.  Whether the Veteran, at any time during the appeal period (i.e., since December 2010) had a joint disorder, to specifically include his bilateral foot and ankle pain. The examiner should additionally indicate whether any joint pain complaints throughout the appeal period caused any functional impairment in earning capacity regardless of whether any specific disorder is diagnosed, again specifically of the feet and ankles.

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The examiner should consider any of the Veteran's lay statements regarding symptomatology during service and any continuity of symptomatology since discharge and/or since onset. The examiner should also consider any other pertinent evidence of record, as appropriate. All findings should be reported in detail and all opinions must be accompanied by a clear rationale. If an examination is needed, one should be scheduled.

 

 

A.M. CLARK

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Patrick C. Brady, Attorney Advisor

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.