Citation Nr: 21002570 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 17-01 044 DATE: January 14, 2021 REMANDED Service connection for lumbar spine disorder (claimed as degenerative disc disease) is remanded. Service connection for a saliva gland condition is remanded. REASONS FOR REMAND The Veteran, who is the Appellant, served on active duty from December 1970 to December 1974. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2013 rating decision from the Regional Office (RO), which denied service connection a saliva gland condition and degenerative disc disease (lumbar spine disorder). In April 2017, the Veteran testified at a Travel Board hearing from the RO in Indianapolis, Indiana, before the undersigned Veterans Law Judge. The hearing transcript has been associated with the record. This case was previously before the Board in December 2018, where the issues on appeal were remanded. While cognizant of its responsibilities under Stegall v. West, 11 Vet. App. 268 (1998), as the Board remands the issues of service connection for a lumbar spine disorder and saliva gland condition for additional development the Board need not address Remand compliance at this time. 1. Service connection for a lumbar spine disorder is remanded. 2. Service connection for a saliva gland condition is remanded. The Veteran contends that service connection for a lumbar spine disorder and saliva gland condition is warranted due to radiation exposure in service. In a December 2018 Board Decision, the Board remanded service connection for a lumbar spine disorder and saliva gland condition to obtain a VA examination and medical opinion. A December 2019 Report of General Information indicates that, when contacted by QTC about scheduled appointments, the Veteran stated that he was not willing to attend the examinations because they were scheduled outside his town. In a June 2020 Statement, the Veteran stated that his VA examinations were scheduled in Carmel, Indiana and Louisville, Kentucky and he is no longer able to travel. A review of the claims file shows current diagnoses of lumbar spine degenerative joint disease and xerostomia (dry mouth due to reduced or absent saliva flow). See August 2015, January 2017 VA treatment records. The Veteran has provided lay testimony and statements of exposure to high levels of radiation without protective gear for about one hour on the USS Wilson while removing the shield of the reactor to expose the core. Service personnel records show that the Veteran assisted in the removal and replacement of the reactive shielding on USS Woodrow Wilson and was exposed to a 00.078 dose of radiation, which is the total amount of radiation the Veteran was exposed to during service. See April 2017 Board hearing transcript, August 2010 Correspondence; see also June 1972, March 1973 service personnel records. A medical opinion would help assess whether the lumbar spine disorder and saliva gland condition are related to the in-service radiation exposure. As there is already evidence of a current disability (lumbar DJD and xerostomia) and an in-service event (radiation exposure), a VA examination is not necessary to render an opinion as to whether there is a relationship between the current disabilities and radiation exposure in-service. As such, the RO should obtain the requested medical opinions on remand. Service connection for a lumbar spine disorder and saliva gland condition are REMANDED for the following action: Request VA medical opinions to address the claimed lumbar spine disorder and saliva gland condition. The relevant documents in the record should be reviewed by the examiner and a detailed history of relevant symptoms should be obtained from the record. A rationale for all opinions and a discussion of the facts and medical principles involved should be provided. The examiner should offer opinion(s): a) Is it at least as likely as not (50 percent or higher degree of probability) that the current lumbar spine DJD is causally or etiologically related to the 00.078 dose of radiation exposure while serving on the USS Woodrow Wilson in 1972? b) Is it at least as likely as not (50 percent or higher degree of probability) that a current xerostomia is causally or etiologically related to the 00.078 dose of radiation exposure while serving on the USS Woodrow Wilson in 1972? J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Moore The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.