Citation Nr: 18149859
Decision Date: 11/13/18	Archive Date: 11/13/18

DOCKET NO. 16-59 328
DATE:	November 13, 2018
REMANDED
Entitlement to service connection for arthritis, to include as due to exposure to herbicides, is remanded.
 
REASONS FOR REMAND
The Veteran served on active duty from June 1965 to June 1967.
The case is on appeal from a July 2009 rating decision.
In November 2015, the Board remanded the issue on appeal for the issuance of a statement of the case.  The Agency of Original Jurisdiction (AOJ) has returned the issue for appellate review.
Several written statements of record, to include the Veteran’s initial compensation claim, show his assertions that his dependents have developed disabilities as the result of his in-service exposure to herbicides.  As the AOJ has not adjudicated these issues, the Board does not have jurisdiction over them, and they are referred to the AOJ for appropriate action.  
Entitlement to service connection for arthritis, to include as due to exposure to herbicides
The Veteran contends that he has arthritis due to in-service herbicide exposure in Vietnam.  He contends medical literature supports a link between the late development of diseases such as arthritis and exposure to herbicide agents.
With respect to an in-service event, the Veteran is presumed to have been exposed to herbicides due to his service in the Republic of Vietnam.  Additionally, service treatment records reflect reports of low back pain and a June 1977 finding of a small calcific density projected over the transverse process of L-4 vertebra on the left side.  Concerning a current disability, VA treatment records show physicians have diagnosed arthritis in his hands, cervical spine, and low back during the pendency of the appeal.  
VA has not yet afforded the Veteran a VA examination for this issue.  Based on the evidence of record, the Board finds the Veteran should be afforded an examination to address the nature and etiology of any diagnosed arthritis.  McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006).
In addition, the Veteran indicated in a July 2009 statement that he underwent an examination at a VA facility in Hines, Illinois in the 1970’s.  On remand, the RO should associate all outstanding VA treatment records with the file.
The matter is REMANDED for the following actions:
1.  Obtain complete VA treatment records from facilities located in Hines, Illinois, to include any examinations conducted in the 1970’s.
2.  Obtain complete VA treatment records from September 2017.
3.  After completing the records development requested above, schedule the Veteran for an examination by an appropriate medical professional to determine the nature and etiology of any arthritis diagnosed during the pendency of the appeal.  The entire claims file should be reviewed by the examiner and noted as such.  Thereafter, the examiner is to provide opinions as to:
(a.)  Whether it is at least as likely as not (i.e., a 50 percent or greater probability) that any arthritis, to include that of the hands, cervical spine, and low back, had its onset during service, manifested within one year of discharge from service, or is otherwise related to service.  The examiner should consider the service treatment records reflecting reports of back pain and a small calcific density projected over the transverse process of L-4 vertebra on the left side in June 1977, in addition to any lay statements regarding continuity of symptomatology since service.
(b.)  Whether it is at least as likely as not (i.e., a 50 percent or greater probability) that any arthritis, to include that of the hands, cervical spine, and low back, is related to the Veteran’s confirmed in-service exposure to herbicides.  The examiner should not base the determination solely on the fact that arthritis is not listed as a disease presumptively related to herbicide exposure.
A complete rationale should be provided for all opinions offered.
 
M. M. CELLI
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Jimerfield, Associate Counsel