Citation Nr: 22011802
Decision Date: 03/02/22	Archive Date: 03/02/22

DOCKET NO. 11-29 082
DATE: March 2, 2022

REMANDED

Entitlement to service connection for a groin pain is remanded.

REASONS FOR REMAND

The Veteran had active duty for training (ACDUTRA) from July 1979 to October 1979 and served on active duty from September 1990 to July 1991. He also served in the National Guard.

The Veteran's claim was most recently before the Board in September 2021, where it was remanded for additional development. Specifically, the Board determined that the Veteran's February 2021 examination was inadequate for adjudicative purposes. The case has been returned to the Board after obtaining another examination and medical opinion in October 2021.

While the Board regrets further delay, this matter must be remanded as the October 2021 examination is inadequate for adjudicative purposes. Specifically, the examiner opined the following:

After reviewing medical records and performing physical exam, there is no pathology or diagnosis to render an opinion. Physical exam of testes were normal without mass, lumps, hernia or tenderness detected resulting in no pathology or diagnosis to render an opinion.

Regarding the examiner's statement that there is no evidence to support a diagnosis, the remand directives specifically requested the examiner to concede that the Veteran has a current disability for the purposes of the examination. Additionally, the examiner did not provide an opinion as to whether the nodule discovered in December 1990 was a manifestation of the currently manifested scrotal cysts, pain, and hydroceles, and whether the December 1990 groin injury caused the currently manifested bilateral hydroceles. 

Accordingly, a new opinion is warranted.

The matters are REMANDED for the following action:

1. Obtain a new opinion regarding the nature and etiology of the Veteran's claimed groin disorder.

The examiner should accept as true that the Veteran has a current disability.  In doing so, the examiner is asked to review the December 2009 VA examination, December 2009 scrotal ultrasound, and October 2017 VA examination.

The examiner should provide an opinion on the following:

a)	Whether it is at least as likely as not that any current groin/scrotal condition first manifested in service or is causally related to service.

b)	Whether the nodule discovered in December 1990 was a manifestation of the currently manifested scrotal cysts, pain, and hydroceles; and

c)	Given the prior opinion that hydroceles could be caused by scrotal/groin injury, whether the December 1990 groin injury caused the currently manifested bilateral hydroceles.

The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. The examiner should note that the mere passage of time without treatment is not a sufficient basis for finding that no relationship between a current disability and service exists. 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Adeleke, T.

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.