Citation Nr: 23017882
Decision Date: 03/22/23	Archive Date: 03/22/23

DOCKET NO. 18-52 194
DATE: March 22, 2023

REMANDED

Service connection for a right lower extremity nerve condition (claimed as radiculopathy/neuropathy) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 2007 to April 2011. His service decorations include the Global War on Terrorism Service Medal.

Right Lower Extremity Nerve Condition 

Pursuant to a September 2018 Board Remand, the Veteran was provided a VA examination regarding his claimed condition in December 2020. The examiner found that the Veteran had not been diagnosed with a right lower extremity nerve condition. However, the examiner also relied upon a 2018 EMG study. The Board finds that the reliance on the 2018 study renders the examination incomplete. VA's duty to assist includes providing a full and complete medical examination, which encompasses providing the Veteran with a current EMG study. See 38 U.S.C. § 5103A (d); 38 C.F.R. § 3.159.

The matter is REMANDED for the following action:

1. Schedule the Veteran for an EMG nerve conduction study regarding his right lower extremity.

2. Thereafter, should the EMG study show that the Veteran has been diagnosed with a right lower extremity nerve disorder, obtain an addendum opinion from the examiner who conducted the Veteran's December 2020 VA examination regarding the etiology of the diagnosed disorder. If that examiner is no longer available, then obtain a VA examination opinion from a neurologist (M.D.) regarding the etiology of the Veteran's right lower extremity nerve disorder. 

The examiner is asked to opine whether:

3. It is at least as likely as not (likelihood is at least approximately balanced or nearly equal, if not higher) that the diagnosed right lower extremity neurological disorder was incurred in or caused by the Veteran's active-duty service, to include the Veteran's June 2010 right knee injury; or 

a)	it is at least as likely as not (likelihood is at least approximately balanced or nearly equal, if not higher) that the diagnosed right lower extremity neurological disorder was caused or aggravated by the Veteran's service-connected right knee strain with patellofemoral pain syndrome or right hip strain.

The examiner is advised that for secondary service connection, "aggravation" need not be permanent in nature. Ward v. Wilkie, 31 Vet. App. 233, 241-42 (2019).

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The Veteran's lay statements regarding onset and continuity of symptomology should be recorded and considered.

A rationale for all opinions must be provided.

 

 

Ardie A. Bland

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Parrish

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.