Citation Nr: 18145655 Decision Date: 10/29/18 Archive Date: 10/29/18 DOCKET NO. 13-32 246 DATE: October 29, 2018 ORDER Entitlement to service connection for left shoulder disability is denied. REMANDED Entitlement to service connection for low back disability is remanded. Entitlement to service connection for left knee disability is remanded. Entitlement to service connection for right knee disability is remanded. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, a current left shoulder disability. CONCLUSION OF LAW The criteria for entitlement to service connection for left shoulder disability have not been met. 38 U.S.C. §§ 1110, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from June 2001 to April 2004. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a December 2012 rating decision. At the Veteran’s request, the Board scheduled a September 2018 videoconference hearing. The Veteran failed to attend his scheduled Board hearing or request a postponement. Therefore, his request for a Board hearing is considered withdrawn. See 38 C.F.R. § 20.704(d). 1. Entitlement to service connection for left shoulder disability The Veteran contends that he has a left shoulder disability related to his service. The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board concludes that the Veteran does not have a current left shoulder disability and has not had one at any time during the pendency of the claim or recent to the filing of the claim. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007); 38 C.F.R. § 3.303(a), (d). The record does not contain any medical evidence of a left shoulder disability. The sole medical reference to the shoulder is a January 2011 VA medical center (VAMC) record that states the Veteran had “moving neck and shoulder full rom [range of motion] without hesitation.” In addition, beyond his January 2012 claim for “Left Shoulder Condition” and January 2013 notice of disagreement disagreeing with the “left shoulder” issue, the Veteran has not reported any left shoulder disability or symptoms. Furthermore, the Veteran’s service treatment records are silent for any left shoulder disability, and the Veteran has not alleged any service-related causation. The Board acknowledges that the Veteran has not been afforded a VA examination regarding his claim. Under McLendon v. Nicholson, 20 Vet. App. 79 (2006), in initial service connection claims, the VA must provide a VA medical examination where there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability; (2) evidence establishing that an event, injury, or disease occurred in service; (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran’s service; and (4) insufficient competent medical evidence on file for VA to make a decision on the claim. The Board finds that a VA examination is not required under McLendon because there is no competent evidence of a current disability or persistent or recurrent symptoms of a disability. In addition, there is no evidence establishing an in-service event, injury, or disease. As noted above, there is no medical evidence of a disability or symptoms, and the only lay evidence is the Veteran’s general statement of a left shoulder condition. The service treatment records also contain no reference to an in-service injury or event and the Veteran has not reported such an event or injury. The Board accordingly finds that service connection for left shoulder disability is not warranted because there is no left shoulder disability during the pendency of the claim or recent to the filing of the claim. REASONS FOR REMAND 1. Entitlement to service connection for low back disability is remanded. The Board cannot make a fully-informed decision on the issue of service connection for low back disability because no VA examiner has opined whether the Veteran’s low back pain is due to service. The October 2012 VA examination noted flare-ups in which it felt like “someone has a knife in his back” and reported “Pain with repetitive bending or lifting.” Because pain alone may qualify as a disability where there is functional impairment, an additional VA examination is necessary to determine whether the Veteran’s low back pain is related to service. See Saunders v. Wilkie, 886 F.3d 1356 (Fed Cir. 2018) (holding that the term “disability” as used in 38 U.S.C. 1110 “refers to the functional impairment of earning capacity, not the underlying cause of said disability,” and that “pain alone can serve as a functional impairment and therefore qualify as a disability.”). 2. Entitlement to service connection for left knee disability is remanded. The October 2012 VA examination found it less likely than not that the Veteran’s left knee condition was due to in-service parachute jumps because “there is no record of acute injury and his Muskogee VAMC review of systems documents on 9/15/2011 states ‘no joint pain’. There are no other records regarding knees.” There is an additional February 2011 VAMC record, however, that reported pain in the Veteran’s knees that “mildly” interfered with his life and hurt with weather changes and prolonged standing. An addendum opinion is therefore required to address this additional record regarding the left knee. 3. Entitlement to service connection for right knee disability is remanded. The October 2012 VA examination found it less likely than not that the Veteran’s right knee condition was due to in-service parachute jumps because “there is no record of acute injury and his Muskogee VAMC review of systems documents on 9/15/2011 states ‘no joint pain’. There are no other records regarding knees.” There is an additional February 2011 VAMC record, however, that reported pain in the Veteran’s knees that “mildly” interfered with his life and hurt with weather changes and prolonged standing. An addendum opinion is therefore required to address this additional record regarding the right knee. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any low back disability, to include pain. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including 12 in-service parachute jumps. 2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s bilateral knee disabilities are at least as likely as not related to service, to include 12 in-service parachute jumps. M. H. HAWLEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD W. Ripplinger, Associate Counsel