Citation Nr: 22011503
Decision Date: 03/01/22	Archive Date: 03/01/22

DOCKET NO. 18-52 671
DATE: March 1, 2022

REMANDED

Entitlement to service connection for a lower back condition is remanded.

Entitlement to service connection for a right knee condition is remanded.

Entitlement to service connection for a left knee condition is remanded.

Entitlement to service connection for a bilateral foot condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 2011 to July 2012, and from August 2014 to May 2015.  

These matters come before the Board of Veterans' Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in October 2021. The transcript is of record.

1. The claims for entitlement to service connection for a lower back condition a bilateral knee condition, and a bilateral foot condition are remanded.

At his October 2021 Board hearing, the Veteran credibly described symptoms associated with his claimed conditions and linked the same to service. The Veteran's lay statements are not controverted by evidence in the record, and the Board finding his testimony regarding onset and continuity of symptomatology credible, finds also that he must be afforded VA examinations in connection with these claims.

On remand, VA examinations must be scheduled and expert medical opinions as to etiology obtained. 

The matters are REMANDED for the following action:

1. After obtaining the necessary authorization, update the file with any VA or private treatment records relevant to the Veteran's claims. If any requested records are unavailable, the Veteran should be notified to that effect.

2. Then, schedule the Veteran for a VA examination to explore the presence and etiology of any current low back condition. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request.         

The examiner should identify all low back disabilities present.  

For each low back condition identified, the examiner should state whether it is at least as likely as not (i.e., at least a 50 percent probability or greater) that the condition began in service or is otherwise related to service. 

3. Schedule the Veteran for a VA examination to explore the presence and etiology of any current bilateral knee conditions. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request.    

The examiner should identify all right and left knee conditions present.       

For each right and left knee condition identified, the examiner should state whether it is at least as likely as not (i.e., at least a 50 percent probability or greater) that the condition began in service or is otherwise related to service.

4. Schedule the Veteran for a VA examination to explore the presence and etiology of any current bilateral foot condition. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request.    

The examiner should identify all bilateral foot conditions present.       

For each foot condition identified, the examiner should state whether it is at least as likely as not (i.e., at least a 50 percent probability or greater) that the condition began in service or is otherwise related to service.

5. Review the examination reports and all opinions expressed to ensure they are in compliance with this remand's directives and implement corrective procedures if required. 

6. Then, readjudicate the claims. 

 

 

GAYLE STROMMEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Z. Sahraie, 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.