Citation Nr: 21070582 Decision Date: 11/24/21 Archive Date: 11/24/21 DOCKET NO. 17-27 333 DATE: November 24, 2021 REMANDED Entitlement to service connection for a right shoulder disability is remanded. Entitlement to service connection for a left shoulder disability is remanded. Entitlement to service connection for a right knee disability is remanded. Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right hand disability is remanded. Entitlement to service connection for a left hand disability is remanded. REASONS FOR REMAND In his May 2017 VA Form 9, the Veteran stated that he was treated by Dr. P. in the past, and attempted to get his medical records, but was informed that they no longer existed because records were not kept beyond five years. No attempts to obtain these records are needed because they would be futile. However, the Veteran also stated that he was treated at the San Diego Arthritis Clinic and that he had his records from that facility. He also stated that he continued to be seen by Dr. K. at the same facility. The Agency of Original Jurisdiction (AOJ) did not ask the Veteran to submit his records from the San Diego Arthritis Clinic or attempt to obtain them. A remand in this case is necessary because the AOJ did not attempt to get the Veteran's private treatment records from the San Diego Arthritis Clinic. VA must provide a VA medical examination when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, (2) evidence establishing that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service or with another service-connected disability, but (4) insufficient competent medical evidence on file for VA to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79, 86 (2006). The threshold for determining whether the evidence "indicates" that there "may" be a nexus between a current disability and an in-service event, injury, or disease is a low one. Id., at 83. In his May 2017 VA Form 9, the Veteran reported joint pain, which he is competent to do. His statement is also credible and shows that he has symptoms of a disability. In his Form 9, he stated that he had pain in his arms and legs while serving at the Yuma Proving Ground. He has continued to have pain in all of his joints since service. There is evidence indicating that his symptoms of a disability may be associated with service. Consequently, the Board finds that a VA examination is necessary to determine if the pain the Veteran currently experiences is due to his in service issues. He has not been afforded the opportunity to receive a VA examination for these disabilities; therefore, a remand is necessary. The matters are REMANDED for the following action: 1. Ask the Veteran to submit the records from San Diego Arthritis Clinic that are in his possession. 2. Provide the Veteran with a release form for his medical records that he did not submit to VA, including those from Dr. K. at San Diego Arthritis Clinic. If he returns the required information, attempt to obtain the records. Negative responses must be documented and the Veteran should be notified. 3. Schedule the Veteran for an examination with an appropriate clinician for his right and left shoulder disabilities. The entire claims file and a copy of this remand must be made available to the examiner for review. The examiner must determine whether the Veteran has rheumatoid arthritis in his shoulders. The examiner must also provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's right and left shoulder disabilities began during active service or are related to an incident of service. The examiner should specifically consider the Veteran's lay statements concerning his in-service joint pain that continued since service, and not base the opinion solely on the lack of in service records. The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. 4. Schedule the Veteran for an examination with an appropriate clinician for his right and left knee disabilities. The entire claims file and a copy of this remand must be made available to the examiner for review. The examiner must determine whether the Veteran has rheumatoid arthritis in his knees. The examiner must provide an opinion as to whether it is at least as likely as not that the Veteran's right and left knee disabilities began during active service or are related to an incident of service. The examiner should specifically consider the Veteran's lay statements concerning his in-service joint pain that continued since service, and not base the opinion solely on the lack of in service records. The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. 5. Schedule the Veteran for an examination with an appropriate clinician for his right and left hand disabilities. The entire claims file and a copy of this remand must be made available to the examiner for review. The examiner must determine whether the Veteran has rheumatoid arthritis in his hands. The examiner must provide an opinion as to whether it is at least as likely as not that the Veteran's right and left hand disabilities began during active service or are related to an incident of service. The examiner should specifically consider the Veteran's lay statements concerning his in-service joint pain that continued since service, and not base the opinion solely on the lack of in service records. The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. 6. Then, readjudicate the claims. If any decision is adverse to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response. Then return the case to the Board. D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Brunot, 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.