Citation Nr: 21005101 Decision Date: 01/29/21 Archive Date: 01/29/21 DOCKET NO. 15-23 271 DATE: January 29, 2021 REMANDED Entitlement to service connection for arthritis, claimed as rheumatoid arthritis of the shoulder and legs, to include as due to exposure to herbicide agents and/or as secondary to service-connected multiple myeloma, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1953 to September 1983. He died in September 2020, and the appellant is his surviving spouse, who, in January 2021, was accepted as the substitute claimant for the purpose of processing this appeal to its completion. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in May 2014 by a Department of Veterans Affairs (VA) Regional Office. In September 2015, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. In December 2015 and May 2016, the Board, in pertinent part, remanded the issue on appeal for additional development and, in August 2019, denied service connection for arthritis, characterized as rheumatoid arthritis of the shoulders and legs. The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court), and in August 2020, the Court granted a Joint Motion for Partial Remand (JMPR) that vacated the Board’s August 2019 denial of such claim. In December 2020, following notice of the Veteran’s death, the Board dismissed the case due to lack of jurisdiction. However, following the acceptance of the appellant as the substitute claim, the appeal has been returned to the Board for further appellate consideration. Entitlement to service connection for arthritis, claimed as rheumatoid arthritis of the shoulders and legs, to include as due to exposure to herbicide agents and/or as secondary to service-connected multiple myeloma. In his initial claim, the Veteran asserted that he had rheumatoid arthritis of the shoulders and legs related to his military service, to include his acknowledged exposure to herbicide agents while serving in the Republic of Vietnam. In the alternative, the Veteran, and now the appellant, assert such was proximately due to and/or aggravated by his service-connected multiple myeloma. In the JMPR, the parties found the Board improperly limited its consideration of the claim to rheumatoid arthritis where evidence of record showed a diagnosis of osteoarthritis. In this respect, August 2007 X-rays revealed severe degenerative changes in the left glenohumeral joint and mild degenerative changes in the left acromioclavicular joint, while a December 2012 X-ray examination report shows a finding of degenerative changes of the lower lumbar spine and SI joints bilaterally. A July 2014 private treatment record reflects a report of “minimal deformities in hands, consistent with osteoarthritis”, and private treatment records dated in December 2016, January 2017, and October 2018 demonstrate diagnoses of left knee osteoarthritis, osteoarthritis of the bilateral knees, and generalized osteoarthritis, respectively. Additionally, VA has acknowledged the Veteran’s exposure to herbicide agents coincident with his service in the Republic of Vietnam, and service connection had been awarded for multiple myeloma during his lifetime. Based on the foregoing, the Board finds that a remand is necessary in order to obtain an opinion addressing the etiology of the Veteran’s diagnosed osteoarthritis of multiple joints is. The matter is REMANDED for the following action: Forward the Veteran’s file, to include a copy of this Remand, to an appropriate clinician for medical opinions addressing the nature and etiology of his claimed arthritis. After review of the evidence, the clinician should address the following inquiries: (A) For each joint affected by osteoarthritis, to include the left shoulder, lower lumbar spine and SI joints, bilateral hands, and bilateral knees, offer an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that such had its onset in, or is otherwise related to, the Veteran’s military service, to include his acknowledged exposure to herbicide agents while serving in the Republic of Vietnam. (B) For each joint affected by osteoarthritis, to include the left shoulder, lower lumbar spine and SI joints, bilateral hands, and bilateral knees, offer an opinion as to whether such manifested within one year of the Veteran’s separation from active duty in September 1983 (i.e., by September 1984). If so, describe the manifestations. (C) For each joint affected by osteoarthritis, to include the left shoulder, lower lumbar spine and SI joints, bilateral hands, and bilateral knees, offer an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that such disorder was caused or aggravated by the Veteran’s service-connected multiple myeloma. For any aggravation found, the clinician should state, to the best of his or her ability, the baseline of symptomatology and the amount, quantified if possible, of aggravation beyond the baseline symptomatology. The clinician is advised that the sole basis for a negative opinion may not be the fact that the Veteran’s service treatment records are negative for any complaints, treatment, or diagnosis referable to arthritis, or evidence of a lack of post-service treatment records demonstrating a continuity of care. A rationale for any opinion offered should be provided. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. M. Celli, Counsel 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.