Citation Nr: 19100697 Decision Date: 01/03/19 Archive Date: 01/03/19 DOCKET NO. 14-06 148 DATE: January 3, 2019 REMANDED Entitlement to service connection for a right elbow disability is remanded. Entitlement to service connection for a neck disability is remanded. Entitlement to service connection for a right knee condition is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1970 to October 1971, including combat service during the Vietnam war and his decorations include the Combat Infantry Badge. The Veteran had requested a Board video hearing, but withdrew the request in an October 2016 statement. 1. Entitlement to service connection for a right elbow disability is remanded. 2. Entitlement to service connection for a neck disability is remanded. 3. Entitlement to service connection for a right knee condition is remanded. The Veteran contends that he currently suffers from residuals of injuries to the right elbow knee, right knee and neck, incurred during combat service. Specifically, he described injuring his knee and other joints while jumping out of helicopters. He described jumping out of helicopters onto rough terrain, often at distances of roughly six to 10 feet off the ground, while wearing 50 to 60 pounds of equipment. He also related onset of a neck condition, manifested by stiffness and numbness, during service associated with carrying a 60-machine gun with a gun sling around his neck. The service treatment records do not reflect any complaints, treatment or diagnosis consistent with a right knee, right elbow or neck disability, and on separation from service in November 1971 the Veteran denied a medical history of knee or elbow trouble. Additionally, his spine, and upper and lower extremities were clinically evaluated as normal. After service the Veteran was seen in 2006 for arthritic changes to the neck, right knee and right elbow with associated pain. The Veteran is certainly competent to address symptoms that he experienced from service. The Veteran’s reports of injury to his neck, right elbow and right knee, in the course of combat may also be subject to the presumption applicable to injuries sustained consistent with the circumstances, conditions, or hardships of engaging in combat with the enemy. 38 U.S.C. § 1154 (b). In light of the Board’s finding that the Veteran has combat status and the presence of current diagnoses of degenerative joint disease in his neck, right elbow and right knee, the Board finds that VA’s duty to assist requires that the Veteran’s claims be remanded for VA examination to determine whether the claimed disorders are associated with any aspect of the Veteran’s service. McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). The matters are REMANDED for the following action: 1. Request the Veteran to identify all medical providers (VA and private) from whom he has received treatment for his right knee, right elbow and neck, and complete and return an appropriate authorization form for each treatment provider identified. After securing the necessary release, the AOJ should request any relevant records identified. In addition, obtain any pertinent outstanding VA treatment records and associate them with the claims file. The Veteran himself is asked to submit any pertinent records that the VA does not have, including any recent treatment for the problems at issue. 2. Obtain all relevant outstanding VA treatment records. 3. Schedule the Veteran for a VA examination to address his claim for service connection for a right knee, right elbow and neck. The claims file must be provided to the examiner for review in conjunction with the examination. All indicated tests and studies should be accomplished, and all clinical findings should be reported in detail. After review of the file and examination of the Veteran, the examiner should offer an opinion as to the following: a) The examiner should identify all right knee, right elbow and/or neck disorders found to be present. b) Determine whether it is at least as likely as not (a probability of 50 percent or greater) that any current right knee, right elbow and/or neck disorders, had onset during service, or is otherwise the result of a disease or injury in service, including as due to his combat service. To this point, the examiner should address the Veteran’s lay statements regarding jumping out of helicopters onto rough terrain, often at distances of roughly six to 10 feet off the ground, while wearing heavy equipment. The Board notes that the Veteran has combat status and his lay statements that he suffered injuries to his right knee, right elbow and neck, in combat are deemed credible lay evidence of the Veteran’s account of in-service injuries. The examiner is also advised that the Veteran is competent to report symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinions. If the examiner rejects the Veteran’s reports of symptomatology, he or she must provide a reason for doing so. All opinions expressed must be accompanied by a complete rationale. JOHN J CROWLEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Azizi-Barcelo, Tatiana