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Board of Veterans' Appeals · Legacy series

Entitlement to service connection for varicose veins as secondary to service-connected right ankle is remanded.

January 30, 2026Citation Nr. 26001419Docket 19-33 870va.gov source

  • Entitlement to service connection for varicose veins as secondary to service-connected right ankleRemanded

Board reasoning

The Board notes that remand is necessary to obtain an adequate VA opinion addressing whether stress from the right ankle, prolonged sitting or standing due to the right ankle, or the original right ankle surgery could have caused or aggravated the veteran's varicose veins, and to ensure compliance with prior remand instructions. The opinion must address all remand directives and provide a rationale. The matter is remanded for further development and medical opinions.

Authorities

  • Stegall v. West, 11 Vet. App. 268Cites the need to comply with remand directives
Citation Nr: 26001419 Decision Date: 01/30/26 Archive Date: 01/30/26 DOCKET NO. 19-33 870 DATE: January 30, 2026 REMANDED Entitlement to service connection for varicose veins as secondary to service-connected right ankle is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1974 to May 1980 and from November 1981 to July 1985. The Board recognizes the Veteran's service to our country, and the sacrifices it necessarily entailed. This matter comes before the Board of Veterans' Appeals (Board) from a December 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing with the undersigned in June 2023. A transcript of that hearing has been added to the Veteran's file. This issue was previously remanded by the Board in August 2023 and has since been returned for further adjudication. Although the Board regrets additional delay, remand is necessary to adequately comply with the prior remand instructions. See Stegall v. West, 11 Vet. App. 268 (1998). In August 2023, the Board remanded this issue to obtain an adequate VA opinion that addressed whether stress from his right ankle caused or aggravated his varicose veins, whether any prolonged sitting or standing as a result of his right ankle disability caused or aggravated his varicose veins, and whether the surgery the Veteran underwent for his right ankle caused or aggravated his varicose veins. See BVA Decision, August 2023. In June 2024, a VA opinion was obtained that stated there was no causal relationship between the Veteran's right ankle and his varicose veins. The examiner failed to address the remand directives from the August 2023 Board decision, specifically whether the stress from the right ankle caused or aggravated the Veteran's varicose veins, whether any prolonged sitting or standing as a result of his right ankle disability caused or aggravated his varicose veins, and whether the surgery the Veteran originally underwent for his right ankle caused or aggravated his varicose veins. Finally, the examiner failed to address whether the Veteran's right ankle disability aggravated his varicose veins in any way. As such, remand is necessary to adequately address the Veteran's claims and comply with the prior remand instructions. The matters are REMANDED for the following action: Ask the Veteran to identify all outstanding treatment records relevant to treatment for varicose veins. All identified VA records should be added to the claims file. All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. After records development is completed, the claims file should be sent to an appropriate examiner to offer an opinion as to what is the medical probability that his varicose veins are caused by or aggravated by his service-connected right ankle disability, including as due to his original surgery for his right ankle. The examiner must specifically address whether stress from his right ankle or prolonged sitting or standing due to his right ankle could have contributed in any way to his varicose veins. The need for an examination is left to the discretion of the examiner. A rationale for all opinions offered is requested as the Board is precluded from making any medical findings. Frederic P. Gallun Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.H., 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.