Citation Nr: 21066176 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 21-00 825 DATE: October 28, 2021 REMANDED Entitlement to service connection for a knee disability is remanded. Entitlement to service connection for a lumbar spine (back) disability is remanded. Entitlement to service connection for a cervical spine (neck) disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from May 1961 to May 1965. These matters come before the Board of Veterans' Appeals (Board) on appeal from a December 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Procedurally, the Veteran was informed of the RO's denial of the above-captioned claims in a notification letter dated December 22, 2017. The Veteran mailed his Notice of Disagreement (NOD) with the December 2017 decision to VA in December 2018, postmarked December 14, 2018. VA received the NOD on January 2, 2019 and not did initially accept the NOD as timely. See, e.g., Correspondence dated January 22, 2019. However, the Veteran's NOD is considered timely under the provisions of 38 U.S.C. § 7105(b)(1). The RO subsequently issued a Statement of the Case; and the Veteran filed a timely VA Form 9 the following month. Therefore, the above-captioned issues are properly before the Board. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C. § 7107(a)(2). 1. Entitlement to service connection for a knee disability is remanded. 2. Entitlement to service connection for a back disability is remanded. 3. Entitlement to service connection for a neck disability is remanded. The Veteran seeks service connection for current disabilities of his knee, back, and neck, asserting that each of the disorders is etiologically related to injuries he sustained on active duty service. See, e.g., VA Form 9, Appeal to Board of Veterans Appeals, dated September 22, 2021. In the Veteran's VA Form 9, he stated in late August 1963 he injured his knees while playing football at Quantico, VA. He was put in a knee cast at the Naval Hospital, in Quantico, VA. However, the hospital records are not associated with the claims file. An effort should be made to obtain them. Further, the Veteran asserts that he injured his neck and back in December 1962 while in Okinawa. At that time, a refueler plane had crashed into a village and he went into save people. The record reflects the Veteran received a Navy Commendation Medal for his heroism. The Veteran has not been afforded VA examinations with respect to the claims on appeal. Therefore, before the Board can render an informed decision on the merits of the Veteran's claims, the Board finds that remand is necessary to further develop the claims by offering the Veteran VA examinations to ascertain the nature and etiology of the reported disabilities. 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79 (2006); see also Douglas v. Shinseki, 23 Vet. App. 19, 26 (2009). Accordingly, the matters are REMANDED for the following action: 1. Undertake all appropriate actions to obtain treatment and hospital records from the Naval Hospital in Quantico, VA from August 1963 for the Veteran pertaining to his knees and having a cast. 2. Then, schedule the Veteran for VA examinations, with VA examiners of appropriate expertise, to ascertain the nature and etiology of his claimed disabilities: (i) a knee disability; (ii) a lumbar spine disability; and (iii) a cervical spine disability. The respective examiner must review the Veteran's entire claims file, to include the Veteran's service treatment records, post-service medical records, lay statements, and a copy of this REMAND; and such review must be noted in the examination. A complete history of symptoms must be elicited from the Veteran and documented in the report. Thereafter, the respective examiner is asked to provide fully-articulated medical opinions adequately addressing the following: Knee Disability (a.) Please identify all conditions or disabilities of the Veteran's right knee and/or left knee. (b.) For each diagnosis provided, is it at least as likely as not (50 percent probability or greater) that any currently-diagnosed knee condition or disability was incurred in or caused by an in-service injury, illness, or event? (c.) If not, is it at least as likely as not (50 percent probability or greater) that any currently-diagnosed knee condition or disability is otherwise etiologically related to the Veteran's military service? Lumbar Spine Disability (a.) Please identify all conditions or disabilities of the Veteran's lumbar spine. (b.) For each diagnosis provided, is it at least as likely as not (50 percent probability or greater) that any currently-diagnosed lumbar spine condition or disability was incurred in or caused by an in-service injury, illness, or event? (c.) If not, is it at least as likely as not (50 percent probability or greater) that any currently-diagnosed lumbar spine condition or disability is otherwise etiologically related to the Veteran's military service? Cervical Spine Disability (a.) Please identify all conditions or disabilities of the Veteran's cervical spine. (b.) For each diagnosis provided, is it at least as likely as not (50 percent probability or greater) that any currently-diagnosed cervical spine condition or disability was incurred in or caused by an in-service injury, illness, or event? (c.) If not, is it at least as likely as not (50 percent probability or greater) that any currently-diagnosed cervical spine condition or disability is otherwise etiologically related to the Veteran's military service? The examiner is reminded that the term "at least as likely as not" does not mean "within the realm of possibility." Rather, it means that the weight of the medical evidence both for and against the claim is so evenly divided that it is as medically sound to find in favor of the claim as it is to find against it. The examiner is advised that the lack of documented treatment for the claimed disability during service cannot serve as the sole basis for a negative finding. The examiner is advised that the Veteran is competent to report his medical history and must be considered and weighed in making the determination as to whether a nexus exists between the claimed diseases and military service. (Continued on the next page) The examiner must provide a complete rationale for any opinion expressed. If the examiner is unable to provide an opinion without resorting to speculation, he or she should fully explain why that is so. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. Tolbert, 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.