Citation Nr: 18148245 Decision Date: 11/08/18 Archive Date: 11/07/18 DOCKET NO. 15-16 531 DATE: November 8, 2018 REMANDED Entitlement to service connection for joint pain is remanded. Entitlement to service connection for a left elbow disorder is remanded. Entitlement to service connection for a right elbow disorder is remanded. Entitlement to service connection for a back disorder is remanded. Entitlement to service connection for a cervical spine disorder is remanded. Entitlement to service connection for a left knee disorder is remanded. Entitlement to service connection for a right knee disorder is remanded. Entitlement to service connection for a right foot disorder is remanded. Entitlement to service connection for a left foot disorder is remanded. Entitlement to service connection for sleep apnea is remanded. Entitlement to service connection for a traumatic brain injury (TBI) is remanded. Entitlement to service connection for headaches is remanded. REASONS FOR REMAND The Veteran had active military service from August 2007 to August 2011. This matter is on appeal from an April 2014 rating decision. The Veteran requested a hearing before a Veterans Law Judge, but withdrew his request in September 2018; the Board of Veterans’ Appeals (Board) will proceed to review the case based on the evidence of record. 38 C.F.R. § 20.704(e). 1. Entitlement to service connection for joint pain; left elbow, cervical spine, bilateral knee, and right foot disorders; and sleep apnea is remanded. The Board cannot make a fully-informed decision on these issues because no VA examiner has opined whether such are related to exposure to burn pits during service as discussed by the Veteran in a May 2018 statement. 2. Entitlement to service connection for a right elbow disorder is remanded. The Board cannot make a fully-informed decision on the issue of service connection for a right elbow disorder, because while a right elbow strain was diagnosed at a March 2014 VA examination, no medical opinion was provided. 3. Entitlement to service connection for a back disorder is remanded. The Board cannot make a fully-informed decision on the issue of service connection for a back disorder, because while a thoracolumbar strain and Schmorl’s nodes were diagnosed at a March 2014 VA examination, no medical opinion was provided; and a January 2014 fee-based examiner’s opinion disregarded the Veteran's report of back problems at separation from service. 4. Entitlement to service connection for a left foot disorder is remanded. The Board cannot make a fully-informed decision on the issue of service connection for a left foot disorder, because while left foot metatarsalgia was diagnosed at a March 2014 VA examination, no medical opinion was provided. 5. Entitlement to service connection for a TBI is remanded. The Board cannot make a fully-informed decision on the issue of service connection for a TBI because no VA examiner has opined whether the Veteran has a TBI related to a fall down stairs as discussed by the Veteran in a July 2018 statement. 6. Entitlement to service connection for headaches is remanded. The Board cannot make a fully-informed decision on the issue of service connection for headaches, because while tension headaches was diagnosed at a March 2014 VA examination, no medical opinion was provided; additionally, no medical professional has considered the Veteran's reports of headaches since falling down stairs as discussed in a July 2018 statement. The matters are REMANDED for the following action: 1. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all records identified by the Veteran, including any outstanding VA treatment records. 2. Schedule the Veteran for a VA examination by an appropriate clinician(s) to determine the etiology of any diagnosed joint pain; bilateral elbow, back, cervical spine, bilateral knee, and bilateral foot disorders; sleep apnea; TBI; and headaches. (Multiple examinations may instead be conducted; the Board leaves this to the discretion of the AOJ and the facility at which any examination is to be conducted.) The most up-to-date Disability Benefits Questionnaire(s) should be utilized. For any chronic joint pain disability; bilateral elbow, back, cervical spine, bilateral knee, and bilateral foot disorders; sleep apnea; TBI; and headaches diagnosed, the examiner(s) is requested to review the record and offer an opinion as to whether it is at least as likely as not (i.e., probability of approximately 50 percent) that any diagnosed joint pain; bilateral elbow, back, cervical spine, bilateral knee, and bilateral foot disorders; sleep apnea; TBI; and headaches are related to the Veteran's military service. A complete rationale should be given for all opinions and conclusions expressed. The examiner(s) should consider the Veteran's June 2011 report of back problems from both combat tours; May 2018 statement relating his joint disorders and sleep apnea to exposure to burn pits in service; and his July 2018 statement relating a TBI and headaches to a fall down stairs during service. If no joint disorders are diagnosed, and if any reports of pain do not reach the level of a functional impairment of earning capacity, as defined in Saunders v. Wilkie, 886 F.3d. 1356 (Fed. Cir. 2018), the examiner should so state. A.C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. Barstow, Counsel