Citation Nr: 18161129 Decision Date: 12/28/18 Archive Date: 12/28/18 DOCKET NO. 12-08 785 DATE: December 28, 2018 REMANDED Entitlement to service connection for a low back disability, to include degenerative disc disease of the lumbar spine, is remanded. Entitlement to service connection for a left knee disability, to include arthritis, is remanded. Entitlement to service connection for a right knee disability, to include arthritis, is remanded. REASONS FOR REMAND The Veteran had active duty service in the United States Marine Corps from July 1973 to December 1977. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a May 2010 rating decision. In August 2017, the Board denied entitlement to service connection for a low back disability, for a left knee disability and for a right knee disability. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). A May 2018 Joint Motion for Remand (Joint Motion) requested that the Court vacate the Board’s decision and remanded the case for readjudication in compliance with the directives specified. A June 2018 Order granted the Joint Motion. The claims of entitlement to service connection for a low back disability, for a right knee disability, and for a left knee disability are remanded. Pursuant to the May 2018 Joint Motion, additional development is necessary prior to the re-adjudication of the Veteran’s appeals regarding service connection. The Veteran contends that he sustained injuries to his lumbar spine and both knees while moving a refrigerator during service. He also reports knee pain following physical training exercises and other duties required in the military. He is currently diagnosed as having degenerative disc disease of the lumbar spine and arthritis of both knees. In February 2010, the Veteran was afforded a VA examination of his lumbar spine and knees. Following review of the claims file and physical evaluation, the examiner provided negative nexus opinions supported by a rationale solely based on the absence of documented treatment for the lumbar spine and knees during and since separation from service. The opinion did not take into consideration the Veteran’s assertions of onset of back and bilateral knee pain during service and continuous symptoms over the years. Accordingly, further VA examination is warranted. The matters are REMANDED for the following action: 1. Obtain an addendum opinion regarding the etiology of the Veteran’s low back disability and right and left knee disabilities from a VA examiner. The entire claims folder must be made available to and reviewed by the examiner. If the examiner determines that no opinion may be offered without first examining the Veteran, then schedule the Veteran for appropriate examinations. An explanation for all opinions must be provided. The examiner should address the following: (a) Whether it is at least as likely as not (50 percent or greater degree of probability) that a low back disability, to include degenerative disc disease of the lumbar spine, was present in service, was caused by service or is otherwise related to service. (b) Whether it is at least as likely as not (50 percent or greater degree of probability) that a right and/or left knee disability, to include arthritis, was present in service, was caused by service or is otherwise related to service. The examiner must consider the Veteran’s statements regarding back and bilateral knee pain while moving a refrigerator during service. The Veteran also reports knee pain following physical training and other activities performed during service. He states that the low back and bilateral knee pain have been ongoing since service. These statements constitute evidence that must be addressed. A complete rationale for all opinions offered must be provided. (Continued on next page) 2. When the development requested has been completed, the claims should be reviewed by the AOJ on the basis of additional evidence. If any benefit sought is not granted, the Veteran and his representative should be furnished a Supplemental Statement of the Case (SSOC) and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Henriquez, Counsel