Citation Nr: 18151428 Decision Date: 11/20/18 Archive Date: 11/19/18 DOCKET NO. 07-15 743 DATE: November 20, 2018 REMANDED Entitlement to service connection for multiple joint arthritis is remanded. Entitlement to service connection for arthritis of the left leg is remanded. Entitlement to service connection for arthritis of the right leg is remanded. REASONS FOR REMAND The Veteran served in the United States Navy from February 1965 to May 1965. Unfortunately, the Veteran died in May 2012; Appellant is the Veteran’s spouse and has been properly substituted in this appeal. In October 2017, the Board denied the Veteran’s claims for entitlement to service connection for the following: residuals of pneumonia, chronic objective pulmonary disease (COPD), chronic bronchitis, emphysema, heart disease, arthritis of the right leg, arthritis of the left leg, and for multiple joint arthritis. See, October 2017 Board decision. The Appellant appealed the Board’s October 2017 decision to the Court of Appeals for Veterans Claims (CAVC). In a June 2018 Memorandum Decision, CAVC affirmed the Board’s denial of entitlement to service connection for residuals of pneumonia, COPD, chronic bronchitis, emphysema, and heart disease. CAVC vacated and remanded the Board’s denial of entitlement to service connection for arthritis of the right leg, arthritis of the left leg, and multiple joint arthritis. See, June 2018 Memorandum Decision. While the Board sincerely regrets additional delay, further development is required in order to address the concerns of the June 2018 CAVC Memorandum Decision before the Appellant’s remanded claims may be adjudicated on the merits. 1. Entitlement to service connection for multiple joint arthritis is remanded. 2. Entitlement to service connection for arthritis of the left leg is remanded. 3. Entitlement to service connection for arthritis of the right leg is remanded. Specifically, the June 2018 CAVC Memorandum Decision found that the Board relied on an inadequate VA examination in the denial of the Veteran’s claims for entitlement to service connection for multiple joint arthritis and arthritis of the bilateral lower extremities. See, June 2018 CAVC Memorandum Decision. CAVC concluded that the April 2013 VA medical opinion was inadequate because the VA examiner’s finding that the Veteran’s disabilities were related to his age and not related to in-service exposure to subzero temperatures is “contradicted by VA regulations and internal guidance documents that expressly recognize that cold injuries may cause residual osteoarthritis.” Id. Specifically, CAVC refers to 38 C.F.R. § 4.104, Diagnostic Code 7122 which lists the presence of osteoarthritis among the criteria for evaluating residuals of a cold injury. Accordingly, as the rationale provided in the April 2013 VA medical opinion is inadequate, the Board finds that a new examination is warranted in order to determine whether the Veteran’s alleged in-service exposure to subzero temperatures resulted in his multiple joint arthritis and arthritis of the bilateral lower extremities. Barr v. Nicholson, Vet. App. 303 (2007). The matters are REMANDED for the following action: 1. Obtain a medical opinion from the appropriate medical personnel who has not yet examined the Veteran’s claims file with respect to the etiology of the Veteran’s multiple joint arthritis, arthritis of the right leg, and arthritis of the left leg. The Veteran’s claims file, to include a copy of this remand, is to be provided to the examiner. Following a complete review of the record, the examiner is asked to provide the following opinions: a. Is it as least as likely as not (50 percent probability or greater) that the Veteran’s multiple joint arthritis is related to his active duty service, to include alleged exposure to subzero temperatures. b. Is it as least as likely as not that the Veteran’s arthritis of the right leg is related to his active duty service, to include alleged exposure to subzero temperatures. c. Is it as least as likely as not that the Veteran’s arthritis of the left leg is related to his active duty service, to include alleged exposure to subzero temperatures. In providing this opinion, if the examiner finds that the Veteran’s exposure to subzero temperatures did not cause or contribute the development of his arthritis, a thorough rationale for why this is so is required. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD P. Daugherty, Associate Counsel