Citation Nr: 18159137
Decision Date: 12/18/18	Archive Date: 12/18/18

DOCKET NO. 15-19 588
DATE:	December 18, 2018
REMANDED
Entitlement to service connection for rheumatoid arthritis, also claimed as degenerative bone disease, is remanded.
REASONS FOR REMAND
The Veteran served in the Navy from April 8, 1974 to May 22, 1975.
This matter is before the Board of Veterans’ Appeals (Board) on appeal of a February 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina.
Although the Board regrets the additional delay, a remand is required for further development and adjudicative action. 
Entitlement to service connection for rheumatoid arthritis, also claimed as degenerative bone disease, is remanded.
The Board cannot make a fully-informed decision on the issue of the Veteran’s claimed rheumatoid arthritis because no VA examiner has opined regarding the nature, etiology or current state of the Veteran’s arthritis, also claimed as degenerative bone disease. A remand for such development is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but (1) contains competent evidence of diagnosed disability or symptoms of disability, (2) establishes that the veteran suffered an event, injury or disease in service, or has a presumptive disease during the pertinent presumptive period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. 38 C.F.R. § 3.159 (c)(4); McLendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006) (noting that the third element establishes a low threshold and requires only that the evidence “indicates” that there “may” be a nexus between the current disability or symptoms and active service, including equivocal or non-specific medical evidence or credible lay evidence of continuity of symptomatology).
Here, the Veteran has reported symptoms of arthritis. See Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a Veteran is competent to report on that of which he or she has personal knowledge). The record also indicates that the Veteran was diagnosed with arthritis as some point but there is no clear indication of when this occurred. See e.g. June 2016 VA Treatment Records. The Board also notes that a service treatment record dated in December 1974 reflects that the Veteran complained of having an aching feeling all over.  He was prescribed tetracycline.  The Board finds that the low McLendon threshold has been met and the Veteran should be afforded a VA examination on remand so that sufficient competent medical evidence can be obtained in order to decide the claim. 
The matter is REMANDED for the following action:
Schedule the Veteran for a VA Examination by an appropriate medical professional to determine the nature, etiology, and current state of the Veteran’s claimed arthritis disability. The medical professional must be provided with and review the entire claims file, to include a copy of this remand. Following a review of the evidence of record, to include the Veteran’s lay statements, the medical professional must provide the following opinion:
Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s arthritis is related to service.  The examiner should specifically discuss the December 1974 service treatment record showing complaints of aching all over.  
Thereafter, if the benefits sought on appeal remain denied, the Veteran and his representative should be provided a supplemental statement of the case (SSOC). After the Veteran and his representative have been given the applicable time to submit additional argument, the claims should be returned to the Board for further review.
 
MICHAEL MARTIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K.Smith, Law Clerk