Citation Nr: 18156440 Decision Date: 12/10/18 Archive Date: 12/10/18 DOCKET NO. 16-40 893 DATE: December 10, 2018 REMANDED Entitlement to service connection for a left shoulder disability is remanded. Entitlement to service connection for a right shoulder disability is remanded. Entitlement to service connection for a left elbow disability is remanded. Entitlement to service connection for a right elbow disability is remanded. Entitlement to service connection for a left hand disability is remanded. Entitlement to service connection for a right hand disability is remanded. Entitlement to service connection for a low back disability, claimed as back lock up is remanded. Entitlement to service connection for a neck disability is remanded. Entitlement to service connection for a left foot disability is remanded. Entitlement to service connection for a right foot disability is remanded. Entitlement to service connection for a groin disability is remanded. Entitlement to service connection for radiculopathy, left upper extremity is remanded. Entitlement to service connection for radiculopathy, right upper extremity is remanded. Entitlement to service connection for radiculopathy, left lower extremity is remanded. Entitlement to service connection for radiculopathy, right lower extremity is remanded. Entitlement to service connection for depression is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1990 to August 1990 with additional periods of Reserve service. This matter came before the Board of Veterans Appeals (Board) on appeal from a July 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veteran’s Law Judge during a November 2018 Travel Board hearing. 1. Entitlement to service connection for a left shoulder disability is remanded. 2. Entitlement to service connection for a right shoulder disability is remanded. 3. Entitlement to service connection for a left elbow disability is remanded. 4. Entitlement to service connection for a right elbow disability is remanded. 5. Entitlement to service connection for a left hand disability is remanded. 6. Entitlement to service connection for a right hand disability is remanded. 7. Entitlement to service connection for a low back disability, claimed as back lock up is remanded. 8. Entitlement to service connection for a neck disability is remanded. 9. Entitlement to service connection for a left foot disability is remanded. 10. Entitlement to service connection for a right foot disability is remanded. 11. Entitlement to service connection for a groin disability is remanded. 12. Entitlement to service connection for radiculopathy, left upper extremity is remanded. 13. Entitlement to service connection for radiculopathy, right upper extremity is remanded. 14. Entitlement to service connection for radiculopathy, left lower extremity is remanded. 15. Entitlement to service connection for radiculopathy, right lower extremity is remanded. 16. Entitlement to service connection for depression is remanded. The Veteran contends that his claimed disabilities are all secondary to a neck injury he sustained in service. June 1991 service treatment records from Camp Lejeune document that the Veteran injured his neck when his head struck the top of a HUMV and that he was diagnosed with acute cervical strain and placed on limited duty. The records note that the Veteran was an active duty Marine at the time of the injury. The Board notes a statement from the Veteran that he was attending MOS school at the time of his injury and military personnel records documenting reassignment in May 1991 to Camp Lejeune and an MOS of student. The Veteran has not yet been afforded a VA examination in connection with these issues. As the Veteran’s service treatment records document an in-service injury which he contends caused his current disabilities, remand for examinations is required. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The Veteran testified at his November 2019 hearing that he receives ongoing private treatment for his physical disabilities and that he sees a private therapist for depression. As the Board’s review indicates that the most recent medical records in the file date from 2014, remand is required to obtain the outstanding private medical records. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for Dr. Edison Osorio and any other private providers who treat his claimed physical and psychiatric disabilities. Make two requests for the authorized records from Dr. Osorio and any other identified providers unless it is clear after the first request that a second request would be futile. 2. Obtain any outstanding VA treatment records. 3. After the development in (1) and (2) above has been completed, schedule the Veteran for an appropriate VA examination, to determine the etiology of any current neck disability. The examiner should review the file and provide a complete rationale for all opinions expressed. For any current neck disability found to be diagnosed, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any such disability is related to the Veteran’s active service. In providing the opinion, the examiner should consider and discuss any lay statements of record, to include the Veteran’s statements regarding the onset and persistence of his symptoms. Attention is requested to June 1991 service treatment records noting a neck injury and chronic cervical strain. 4. After the development in (1) and (2) above has been completed, schedule the Veteran for an appropriate VA examination, to determine the etiology of any current bilateral shoulder, bilateral elbow, bilateral hand, low back, bilateral foot, groin and bilateral upper and lower extremity radiculopathy disabilities. The examiner should review the file and provide a complete rationale for all opinions expressed. For any current bilateral shoulder, bilateral elbow, bilateral hand, low back, bilateral foot, groin and bilateral upper and lower extremity radiculopathy disabilities disability found to be diagnosed, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any such disability is related to the Veteran’s active service or whether it is caused or aggravated beyond its natural progression by the Veteran’s neck disability. In providing the opinion, the examiner should consider and discuss any lay statements of record, to include the Veteran’s statements regarding the onset and persistence of his symptoms. 5. After the development in (1) and (2) above has been completed, schedule the Veteran for an appropriate VA examination, to determine the etiology of any current psychiatric disability. The examiner should review the file and provide a complete rationale for all opinions expressed. For any current psychiatric disability found to be diagnosed, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any such disability is related to service or whether it is caused or aggravated beyond its natural progression by the Veteran’s neck disability. In providing the opinion, the examiner should consider and discuss any lay statements of record, to include the Veteran’s statements regarding the onset and persistence of his symptoms. 6. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Arnold, Associate Counsel