Citation Nr: 18146409 Decision Date: 11/01/18 Archive Date: 10/31/18 DOCKET NO. 16-58 340 DATE: November 1, 2018 REMANDED Entitlement to service connection for a right shoulder disability is remanded. Entitlement to service connection for a bilateral hand disability is remanded. Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a left knee disability is remanded. Entailment to an initial compensable disability rating for mild scoliosis of the thoracolumbar spine is remanded. REASONS FOR REMAND The Veteran served on active duty from May 2003 to August 2014. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to service connection for a right shoulder disability, bilateral hand disability, right knee disability, and left knee disability is remanded. Evidence indicates that there may be outstanding relevant VA treatment records. In the November 2016 substantive appeal, the Veteran reported that he was treated at the Fayetteville VA Medical Center. Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issues on appeal. A remand is required to allow VA to obtain them. In the May 2015 notice of disagreement and November 2016 substantive appeal, the Veteran reported pain and swelling in his knees, pain and stiffness in his hands, and pain and a grinding feeling in his right shoulder. He also reported that it was painful to grasp objects with his hands, especially after repetitive use, and painful to lift his arm above shoulder level. As these symptoms were not noted at the February 2015 VA examinations, a remand is required for a new VA examination. 2. Entitlement to an initial compensable disability rating for mild scoliosis of the thoracolumbar spine is remanded. Evidence indicates that there may be outstanding relevant VA treatment records. In the November 2016 substantive appeal, the Veteran reported that he was treated at the Fayetteville VA Medical Center. Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issues on appeal. A remand is required to allow VA to obtain them. The record indicates that the Veteran’s mild scoliosis of the thoracolumbar spine has worsened since his last VA examination. The Board notes that the Veteran last underwent a VA examination for his disability in February 2015, over three years ago. Therefore, a more contemporaneous medical examination is warranted. Green v. Derwinski, 1 Vet. App. 121 (1991) (VA has a duty to provide the Veteran with a thorough and contemporaneous medical examination, one which takes into account the records of prior medical treatment, so that the rating of the disability will be a fully informed one); Caffrey v. Brown, 6 Vet. App. 377 (1994) (an examination too remote for rating purposes cannot be considered “contemporaneous”). The matters are REMANDED for the following action: 1. Obtain all outstanding and relevant private and VA treatment records, to include those from the Fayetteville VA Medical Center. 2. Thereafter, schedule the Veteran for a VA examination to address the current severity of his mild scoliosis of the thoracolumbar spine. The examiner should state whether the examination is taking place during a period of flare-up. If not, the examiner should ask the Veteran to describe the flare-ups he experiences, including: frequency, duration, characteristics, precipitating and alleviating factors, severity and/or extent of functional impairment he experiences during a flare-up of mild scoliosis of the thoracolumbar spine and/or after repeated use over time. Based on the Veteran’s lay statements and the other evidence of record, the examiner should provide an opinion estimating any additional degrees of limited motion caused by functional loss during a flare-up or after repeated use over time. 3. Schedule the Veteran for appropriate VA examinations to address the nature and etiology of any diagnosed right shoulder disability, bilateral hand disability, right knee disability, and left knee disability. All pertinent findings and diagnoses should be noted. The examiner must opine whether it is at least as likely as not (50 percent probability or greater) that any diagnosed right shoulder disability, bilateral hand disability, right knee disability, or left knee disability had its onset in or is otherwise related to service. A complete rationale for all opinions must be provided. If the examiner cannot provide any requested opinion without resorting to speculation, it must be so stated, and the examiner must provide the reasons why an opinion would require speculation. JOHN Z JONES Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Ko, Associate Counsel