Citation Nr: 21070705 Decision Date: 11/24/21 Archive Date: 11/24/21 DOCKET NO. 19-19 156 DATE: November 24, 2021 REMANDED Entitlement to service connection for a low back disability is remanded. Entitlement to service connection for a left shoulder disability is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1959 to December 1969, to include service in the Republic of Vietnam. He was awarded the Purple Heart Medal and the Combat Action Ribbon, among other decorations. These matters come before the Board of Veterans' Appeals (Board) on appeal from a July 2018 rating decision by a Department of Veterans Affairs (VA) regional office, which is the Agency of Original Jurisdiction (AOJ). In September 2020, the Board denied the Veteran's claims, and the Veteran appealed the denials to the United States Court of Appeals for Veterans Claims (Court). In July 2021, the Court granted a joint motion for remand (JMR) in which the parties agreed the Board's decision should be vacated and the claims remanded to the Board. 1. Entitlement to service connection for a low back disability is remanded. 2. Entitlement to service connection for a left shoulder disability is remanded. Remand to the AOJ is necessary in order to ensure compliance with the terms of the JMR and with VA's duty to assist. In that regard, the Veteran underwent VA examination for both claims in December 2019. The examiner provided negative etiological opinions regarding the Veteran's low back and left shoulder disabilities, relying primarily on the lack of documented injury in the Veteran's service treatment records as well as the amount of time which elapsed between the in-service injuries and the onset of symptoms without providing an adequate explanation as to the relevance of these facts. Further, the examiner did not address the Veteran's specific contentions regarding his in-service injuries. Accordingly, the Board finds remand is warranted so that new VA opinions may be obtained. The matters are REMANDED for the following action: Send the claims file to an appropriate examiner(s) to offer an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any current low back disability and/or left shoulder disability had onset during service or are otherwise related to an in-service injury, event, or disease The examiner should consider the Veteran's reports of dislocating his left shoulder, carrying heavy packs, and sleeping on the ground during active duty. The examiner should presume the Veteran's reports regarding combat injuries to be credible. In offering the opinion, the examiner is reminded that neither a lack of documented injury in the Veteran's service treatment records nor the amount of time which passed between an in-service injury and the onset of current symptoms are sufficient grounds upon which to rest a negative opinion. The need for an examination is left to the discretion of the examiner. A rationale for all opinions offered is requested as adjudicators are precluded from making any medical findings. J. B. FREEMAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. D. Bruce, 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.