Citation Nr: 18156866 Decision Date: 12/11/18 Archive Date: 12/11/18 DOCKET NO. 16-56 197 DATE: December 11, 2018 REMANDED Entitlement to service connection for a right arm disability, to include residuals of a compound fracture with degenerative arthritis, is remanded. Entitlement to service connection for a joint disability, to include rheumatoid arthritis, is remanded. REASONS FOR REMAND The Veteran served honorably in the U.S. Navy from January 1973 to January 1975, and thereafter in the U.S. Navy Reserves, including a period of active duty for training (ACDUTRA) from April 20, 1977 to May 16, 1977, with subsequent periods of duty for training from September 20, 1975 to April 20, 1977 and from May 16, 1977 to September 13, 1977. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran’s Form 9 indicates that he did not request a Board hearing. 1. Entitlement to service connection for a right arm disability, to include residuals of a compound fracture with degenerative arthritis, is remanded. Unfortunately, the Veteran’s service connection claim for a right arm disability must be remanded for further development. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran’s claim so that he is afforded every possible consideration. The competent evidence of record indicates that the Veteran suffers from a right arm disability, including degenerative arthritis. The Veteran’s military personnel records indicate that he was serving on drill duty in the Navy Reserves on that date, and his service treatment records reflect that he was treated while in service for his injuries. In light of the foregoing, the Board finds that the evidence of record contains competent evidence of a current right arm disability, an in-service event that contributed to that disability, and an indication that the disability may be associated with the Veteran’s military service. See McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). However, the Board cannot make a fully informed decision on the issue of service connection for the Veteran’s right arm disability because no VA examiner has opined whether the Veteran’s disability is related to the Veteran’s active service. See id. Accordingly, the Board finds that the current evidence of record is insufficient to determine the etiology of the Veteran’s right arm disability, and in the absence of sufficient clarification, the Board lacks the requisite medical expertise to determine its nature and etiology. See Colvin v. Derwinski, 1 Vet. App. 171, 175 (1991). Therefore, the Board finds that another VA examination is necessary to determine whether the Veteran’s right arm disability is related to his active military service and thus entitled to service connection on any basis. See McLendon, 20 Vet. App. at 81 (2006). 2. Entitlement to service connection for a joint disability, to include rheumatoid arthritis, is remanded. In addition, the Veteran’s service connection claim for a joint disability must also be remanded for further development. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran’s claim so that he is afforded every possible consideration. The competent evidence of record indicates that the Veteran is currently receiving treatment at VA for rheumatoid arthritis, and as stated above, the Veteran’s service treatment records reflect that he was treated in service for injuries sustained in a motorcycle accident. However, the Board cannot make a fully informed decision on the issue of service connection for the Veteran’s rheumatoid arthritis because no VA examiner has opined whether the Veteran’s disability is related to the Veteran’s right arm disability or otherwise related to his active military service. See McLendon, 20 Vet. App. at 81. Accordingly, the Board finds that the current evidence of record is insufficient to determine the etiology of the Veteran’s joint disability, to include rheumatoid arthritis, and in the absence of sufficient clarification, the Board lacks the requisite medical expertise to determine its nature and etiology. See Colvin v. Derwinski, 1 Vet. App. 171, 175 (1991). Therefore, the Board finds that another VA examination is necessary to determine whether the Veteran’s joint disability is related to his active military service and thus entitled to service connection on any basis. See McLendon, 20 Vet. App. at 81 (2006). Accordingly, the matter is REMANDED for the following action: 1. Obtain any and all outstanding private and VA treatment records from July 1977 to the present. 2. After obtaining all necessary records, schedule the Veteran for a VA examination to determine the nature and etiology of his claimed right arm disability. The entire claims folder should be made available and reviewed by the examiner. All indicated studies should be performed and all findings should be reported in detail. The examiner is requested to provide an opinion as to the following: (a) The examiner should state whether it is at least as likely as not (i.e. 50 percent or greater probability) that the Veteran’s right arm disability is due to or otherwise causally or etiologically related to his military service. (b) The examiner should state whether it is at least as likely as not (i.e. 50 percent or greater probability) that the Veteran’s right arm disability manifested to a compensable degree within one year of separation from service. The examiner must comment on the Veteran’s July 1977 medical records noting the Veteran’s treatment for claimed injuries to his right arm during his drill duty, as well as any other relevant medical records. The examiner must include a rationale with all opinions, citing to supporting clinical data/medical literature as appropriate. 3. After obtaining all necessary records, schedule the Veteran for a VA examination to determine the nature and etiology of his joint disability, to include rheumatoid arthritis. The entire claims folder should be made available and reviewed by the examiner. All indicated studies should be performed and all findings should be reported in detail. The examiner is requested to provide an opinion as to the following: (a) The examiner should state whether it is at least as likely as not (i.e. 50 percent or greater probability) that the Veteran’s joint disability is due to or otherwise causally or etiologically related to his military service. (b) The examiner should state whether it is at least as likely as not (i.e. 50 percent or greater probability) that the Veteran’s joint disability manifested to a compensable degree within one year of separation from service. The examiner must include a rationale with all opinions, citing to supporting clinical data/medical literature as appropriate. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Hannah Marsdale, Associate Counsel