Citation Nr: 22010901
Decision Date: 02/24/22	Archive Date: 02/24/22

DOCKET NO. 15-06 349A
DATE: February 24, 2022

REMANDED

Entitlement to service connection for a bilateral lower extremity disability, to include shin splints, is remanded.

REASONS FOR REMAND

The Veteran served honorably in the U.S. Army from August 1972 to March 1973, and from November 1974 to August 1981. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2013 rating decision issued by a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). The Veteran testified before the undersigned at a hearing held in October 2015; a transcript of that hearing is of record.

The Board remanded the claim for further development in October 2021. As discussed below, the Board finds there has not been substantial compliance with its remand directives and additional development is necessary. See Stegall v. West, 11 Vet. App. 268, 271 (1998).

1. Service connection for a Bilateral Leg Disability is Remanded.

As part of the October 2021 remand a medical opinion was obtained. The Veteran, through her representative, has argued the opinion is inadequate for multiple reasons including the credentials of the examiner and that the examiner relied on a lack of treatment during service as a basis for the opinion. Further, additional treatise evidence has been submitted. 

The Board also notes that in formulating an opinion on secondary service connection, the October 2021 examiner failed to adequately address whether the service-connected bialteral pes planus was caused or aggravated the current bialteral shin splints. As such, a remand is necessary. 

The matters are REMANDED for the following action:

1.  Associate any VA treatment records since October 2021 with the electronic claims file.

 After completion of the above-specified development. Schedule the Veteran for a VA examination with an orthopedic specialist or podiatrist. The examiner must indicate review of the claims file in the examination report. The examiner is asked to provide the following opinions:

a)  Is it at least as likely as not (i.e., there is a 50 percent or greater probability) that any current bialteral shin splints were incurred during the Veteran's periods of active military service?

b)  Is it at least as likely as not (50 percent probability or greater) that the current bilateral shin splints are caused by the Veteran's service-connected disabilities, to include bilateral pes planus?

c)  If not caused by the service-connected disabilities, is it at least as likely as not (50 percent probability or greater) that the bilateral shin splints are aggravated (worsened in severity beyond the natural progression of the disease) by the Veteran's service-connected disabilities, to include bilateral pes planus?

If the VA examiner opines that the bilateral shin splints are aggravated by the service-connected disabilities, he/she should indicate the degree of disability before aggravation and the current degree of disability.

The VA examiner must comment on:

1.	The February 2022 treatise evidence referred to by the Veteran's representative.

2.	The Veteran's lay reports of continuous lower leg pain since service. 

A rationale should be given for all opinions and conclusions rendered.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Teague, 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.