Citation Nr: 21066154 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 15-35 854 DATE: October 28, 2021 REMANDED Entitlement to service connection for degenerative joint disease of the right third digit is remanded. REASONS FOR REMAND The Veteran had active service from September 1965 to April 1966 and also had service in the Army Reserves. This matter comes to the Board of Veterans' Appeals from a July 2013 rating decision of a Regional Office (RO) for Department of Veterans Affairs (VA). The Board remanded this matter for further development in March 2019 and September 2020. As discussed below, there has not been substantial compliance with the remand instructions, so the matter must be remanded again. See Stegall v. West, 11 Vet. App. 268 (1998); D'Aries v. Peake, 22 Vet. App. 97, 105 (2008). Entitlement to service connection for degenerative joint disease of the right third digit is remanded. In the September 2020 Board remand, the VA examiner was requested to provide and etiological opinion and to specifically consider and address that the Veteran reported he was told he had arthritis of this digit within one year of service and that he has had symptomatology since service that he has self-medicated. In April 2021, a VA examiner opined that the Veteran's degenerative joint disease of his right third digit was less likely than not incurred in or caused by service. He also found there was no evidence that the condition developed during service, at separation or within one year of service. However, in providing this opinion, the examiner failed to discuss the June 2020 letter from the Veteran where he alleges that he returned home from the military, and went to a doctor who diagnosed his right third digit with arthritis. In that letter he stated that he didn't seek further treatment because the doctor said there was nothing more anyone could do to treat it. The Veteran related that he used over-the-counter painkillers when his pain increased, and he stated that he thought he had signed away his rights for compensation. He further indicated that while in 1966 his right third finger was the only finger he had trouble with at that point, he currently experiences pain in all of his fingers because of osteoarthritis, but he has the most pain in his right third finger. Accordingly, an additional remand is required to obtain an addendum opinion from the April 2021 VA examiner that considers the Veteran's lay statements regarding the onset and continuity of symptomatology. Dalton v. Nicholson, 21 Vet. App. 23 (2007). The matter is REMANDED for the following action: 1. Forward the Veteran's claim file to the April 2021 VA examiner, or if not available to an equally qualified examiner, to provide an addendum medical opinion regarding the nature and etiology of the Veteran's right third digit degenerative joint disease. An in-person examination need not be scheduled unless deemed necessary by the examiner or otherwise required by the evidence. The examiner must review the claims file in its entirety, to include a copy of this REMAND, and the review should be noted in the examination report. The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran's right third digit degenerative joint disease is related to his active duty service. In providing this opinion, the examiner must address the Veteran's June 2020 letter where he alleges that he returned home from the military, went to a doctor who diagnosed his right third digit with arthritis within one year of service, and he self-medicated to treat his symptoms from that point onwards. A complete rationale for any opinion expressed must be provided. If an opinion cannot be expressed without resort to speculation, discuss why this is the case. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Ahuva D. Sunshine 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.