Citation Nr: 21065453 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 17-39 139 DATE: October 26, 2021 REMANDED Entitlement to service connection for an autoimmune disease, to include rheumatoid arthritis and systemic lupus erythematosus, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from January 1963 to July 1966. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the appeal in April 2019 and July 2021 to the agency of original jurisdiction (AOJ) for further development. Entitlement to service connection for an autoimmune disease, to include rheumatoid arthritis and systemic lupus erythematosus Upon review of all evidence of record, although the Board regrets the need for further delay, another remand is necessary to protect the Veteran's due process rights and ensure compliance with the Board's prior remand instructions. When the Board remands an appeal, the claimant obtains a right to compliance with its remand orders. See Stegall v. West, 11 Vet. App. 268, 271 (1998). In this regard, the Board finds that the record contains an August 2021 addendum VA opinion. The July 2021 Board's remand directives requested an addendum opinion that addresses the Veteran's service treatment records (STRs), January 2015 foot disability questionnaire by Dr. L.M., March 2016 VA medical opinion, and March 2017 private treatment records. The examiner opined that the claimed condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The examiner based this rationale on the fact that there is no evidence of any infectious disease condition. The Board notes that while the VA examiner discussed the Veteran's STRs and the March 2016 VA medical opinion, the January 2015 foot disability questionnaire showing rheumatoid arthritis and March 2017 private treatment records showing systemic lupus erythematosus were not addressed. Further, the Board observes that the VA examiner noted that the wrong disability benefits questionnaire was provided. The AOJ should have provided systemic lupus erythematosus (SLE) and other autoimmune diseases disability benefits questionnaire. Consequently, the Board finds that a remand is needed, to obtain an additional addendum opinion addressing the above. Stegall, supra. The matter is REMANDED for the following action: 1. Forward the Veteran's claims file and a systemic lupus erythematosus (SLE) and other autoimmune diseases disability benefits questionnaire to a qualified VA examiner to provide an addendum medical opinion addressing the nature and etiology of the Veteran's autoimmune disease, to include rheumatoid arthritis and systemic lupus erythematosus. A full examination should not be scheduled unless it is deemed necessary by the examiner or otherwise required by the evidence. The examiner must review the claims file, including a copy of this Remand and should note so in the report. Thereafter, the examiner is asked to provide an opinion with respect to the following: (a) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran's autoimmune disease, to include rheumatoid arthritis and systemic lupus erythematosus had its onset during active service or is related to any in-service disease, event, or injury in service? The requested opinion must adequately consider and address the Veteran's lay statements and the evidence of record, to include the January 2015 foot disability questionnaire showing rheumatoid arthritis and March 2017 private treatment records showing systemic lupus erythematosus. The examiner must set forth a complete rationale for any conclusion reached, citing to the examiner's own expertise, medical literature, and/or evidence in the Veteran's claims file as necessary. If an opinion cannot be reached without resorting to speculation, the examiner must fully explain why that is so. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Kuzniar, Associate 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.