Citation Nr: 21065029 Decision Date: 10/22/21 Archive Date: 10/22/21 DOCKET NO. 17-43 322 DATE: October 22, 2021 REMAND Service connection for a right shoulder disability is remanded. Service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1970 to January 1972, with combat service in the Republic of Vietnam (Vietnam) during the Vietnam War. This matter initially came before the Board of Veterans' Appeals (Board) on appeal from a November 2015 rating decision of the Agency of Original Jurisdiction (AOJ). The Veteran participated in a videoconference hearing before the undersigned in May 2020, and a transcript of this hearing has been associated with the record. In August 2020, the Board denied the Veteran's claims for service connection, and the Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court). Pursuant to a May 2021 Joint Motion for Remand (Joint Motion), the Court vacated the Board's August 2020 decision, noting, in pertinent part, that the Board erred by relying on an inadequate VA examination dated July 2017. The parties agreed that a new examination was needed. The Board's August 2020 decision found, and the Joint Motion noted, that the combat presumption applied, because the Veteran has credibly alleged that he injured his right shoulder and right knee while operating field artillery during combat. With that said, the July 2017 examiner opined that it was less likely than not that the Veteran's right shoulder and right knee disabilities were related to service, relying solely on a lack of service treatment records documenting in-service injuries to the right shoulder and right knee. The Court found the July 2017 examiner's etiological opinion to be inadequate because, contrary to the combat presumption, it relied on the absence of medical records corroborating a combat injury to conclude that there was no relationship between the Veteran's current right shoulder and right knee disabilities and his military service. See Dalton v. Nicholson, 21 Vet. App. 23, 40 (2007). On remand, the Veteran should be afforded with additional examinations addressing the etiology of his right shoulder and right knee disabilities. This matter is REMANDED for the following action: Schedule the Veteran to undergo VA examinations to determine the nature and etiology of his right shoulder and right knee disabilities. After a physical examination of the Veteran, a review of the Veteran's claims file, and conducting any necessary testing, the examiner should address the following questions: (a.) Is it at least as likely as not (that is, a 50 percent likelihood or greater), that the Veteran's right shoulder disability is related to any incident of his active duty service? When rendering this opinion, the examiner should assume that the Veteran injured his right shoulder during service while engaging in combat, including as the result of lifting 100 to 200-pound shells while serving as a field artilleryman in Vietnam. The examiner's opinion should additionally discuss the August 2015 opinion of Dr. D.W.G. suggesting that the Veteran's right shoulder disability is related to his service. (b.) Is it at least as likely as not (that is, a 50 percent likelihood or greater), that the Veteran's right knee disability is related to any incident of his active duty service? When rendering this opinion, the examiner should assume that the Veteran injured his right knee during service while engaging in combat, including as the result of lifting 100 to 200-pound shells while serving as a field artilleryman in Vietnam. The examiner's opinion should additionally address the August 2015 opinion of Dr. D.W.G. and the May 2016 and September 2016 opinions of Dr. S.J.D. suggesting that the Veteran's right knee disability is related to his service. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J.A. Flynn, 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.