Citation Nr: 22017477 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 16-58 671 DATE: March 25, 2022 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for lumbar spine disability is remanded. Entitlement to service connection for shin splints is remanded. REASONS FOR REMAND The Veteran served active duty in the United States Marine Corps from February 1990 to May 1991. In January 2020, the Veteran testified before the undersigned Veterans Law Judge at a Video Conference hearing. A copy of the transcript has been associated with the claims file. In June 2020 and January 2021, the Board remanded the appeal for further development. In January 2021, the Board issued a decision which denied the claim of service connection for a left knee disability on appeal. The Veteran filed a timely appeal to the Court of Appeals for Veterans' Claims (Court). In an August 2021 Joint Motion for Partial Remand, the parties agreed to remand the appeal to the Board for further development. In an April 2021, the Board issued a decision which denied the claims for service connection for a lumbar spine disability and service connection for shin splints on appeal. The Veteran filed a timely appeal to the Court of Appeals for Veterans' Claims (Court). In a November 2021 Joint Motion for Remand, the parties agreed to remand the appeal to the Board for further development. 1. Service connection for a left knee disability is remanded. The Veteran contends that his left knee disability is due to his period of service. In a July 2012 VA examination, the examiner opined that it is less likely than not that the Veteran's left knee disability due to his period of service. The examiner noted that the service treatment records are silent on complaint of or treatment for a left knee injury. An August 2021 Court remand noted that the October 2020 medical opinion did not adequately provide reasons and bases for the opinion in that it only noted the lack of in-service documentation without further explanation. Specifically, the examiner did not address the Veteran's lay statements regarding knee injury due to carrying excess weight during service. As an adequate opinion regarding the Veteran's claim for service connection for a left knee disability is not of record, a remand is necessary. 2. Service connection for lumbar spine disability is remanded. The Veteran contends that his lumbar spine disability is due to his period of service, or in the alternative, secondary to the Veteran's service-connected right knee disability. In an October 2020 VA examination, the examiner found that it is less likely than not that the Veteran's lumbar spine disability is aggravated by his service-connected right knee disability. Likewise, in a February 2021 VA medical opinion, the examiner found that it is less likely than not that the Veteran's lumbar spine disability was due to his period of service. A November 2021 Court remand noted that the October 2020 and February 2021 VA opinions did not adequately consider the Veteran's assertions that his lumbar spine disability is due to carrying heavy weight and marching during service, or alternatively, that the Veteran's right knee disability could aggravate an age-related, progressive disability. Therefore, these opinions are inadequate for the purpose of adjudicating the claim. As an adequate opinion regarding the Veteran's claim for service connection for a lumbar spine disability is not of record, a remand is necessary. 3. Service connection for shin splints is remanded. The Veteran contends that his shin splints are due to his period of service. In a February 2021 VA medical opinion, the examiner found that it is less likely than not that the Veteran's shin splints are due to his period of service. A November 2021 Court remand noted that the February 2021 VA opinion did not adequately consider the Veteran's assertions that his shin splints are due to carrying heavy weight and marching on hard surfaces during service. As an adequate opinion regarding the Veteran's claim for service connection for shin splints is not of record, a remand is necessary. The matters are REMANDED for the following action: 1. Send the Veteran's file to an appropriate examiner(s) to determine the nature and etiology of the Veteran's left knee disability, lumbar spine disability, and shin splints. Schedule an examination only if the examiner(s) deems it necessary. The claims file, to include this remand, should be made available and reviewed by the examiner(s). After review of the record, the examiner(s) is asked to offer an opinion on the following: a. Determine whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran's left knee disability is manifested in, caused by, or is otherwise etiologically related to his active duty service. In making this determination, the examiner must consider and discuss the Veteran's lay statements, to include assertion that the disability was due to carrying excess weight during service. b. Determine whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran's lumbar spine disability was manifested in, caused by, or is otherwise etiologically related to his active duty service. In making this determination, the examiner must consider and discuss the Veteran's lay statements, to include assertion that the disability is due to carrying excess weight during service. The examiner should also consider and discuss the April 1993 VA examination which includes report of back pain due to the forced road marches while carrying heavy packs. The examiner is also asked to determine whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran's lumbar spine disability is aggravated by the Veteran's service-connected right knee disability. In making this determination, the examiner must consider and discuss whether the Veteran's right knee disability, in addition to age, aggravates a progressive lumbar spine disability beyond natural progression. c. Determine whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran's shin splints were manifested in, caused by, or is otherwise etiologically related to his active duty service. In making this determination, the examiner must consider and discuss the Veteran's lay statements, to include assertion that the disability is due to carrying excess weight and marching on hard surfaces during service. JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Ford 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.