Citation Nr: 21071320 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 17-19 420 DATE: November 30, 2021 REMANDED Entitlement to service connection for degenerative arthritis of the spine (back disability) is remanded. Entitlement to service connection for osteoarthritis of the right knee is remanded. Entitlement to service connection for an eye condition, to include glaucoma (claimed as eye trauma/glaucoma/loss of sight) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1974 to January 1977. 1. Entitlement to service connection for a back disability is remanded. 2. Entitlement to service connection for osteoarthritis of the right knee is remanded. The claims are remanded to obtain outstanding treatment records and an adequate medical opinion. During a June 2021 hearing, the Veteran reported that he was treated at a VA Medical Center in 1977 has continued to receive VA treatment for the disability on appeal. Remand is required to attempt to obtain any outstanding treatment records from 1977 to the present. After obtaining treatment records, medical opinions are needed. to his February 1976 fall during active duty service. A July 2014 VA examiner opined that the Veteran's right knee and back disabilities are not etioligically related to his in-service injuries because these injuries were acute in nature and would have resolved. That opinion is inadequate because the examiner did not consider the Veteran's assertion of treatment following service. The examiner's reference to medical literature in support of this conclusion, without reference to the specific facts of this case, is also indequate. 3. Entitlement to service connection for glaucoma (claimed as eye trauma/glaucoma/loss of sight) is remanded. The claim is remanded to obtain an adequate opinion that addresses whether any current eye disability is etiologically related to battery acid being splashed in his eyes during active duty service. The July 2014 VA examiner offered a negative opinion, but did not provide any rationale. The matters are REMANDED for the following action: 1. Take all appropriate action to obtain the Veteran's VA treatment records for the period from January 1977 to August 2000. 2. After completion of the above, obtain an addendum opinion from an appropriate clinician regarding whether the likely etiology of the Veteran's back and right knee disabilities. Copies of all pertinent records must be made available to the examiner for review. If the examiner determines that an opinion cannot be provided without an examination, on should be scheduled. The examiner must answer the following: (a) Identify all currently diagnosed back and knee disabilities. (b) Is it at least as likely as not that any currently diagnosed back disability is related to service, to include a fall down the stairs in service in February 1976? (c) Is it at least as likely as not any currently diagnosed knee disability is related to service, to include a fall down the stairs in February 1976? A complete rationale must be provided for all opinions. If the examiner cannot provide an opinion without resort to speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge; the examiner's own expertise, or; whether additional facts are required and note what, if any, additional evidence would permit such an opinion to be made. 3. Obtain an addendum opinion from an appropriate clinician regarding whether the likely etiology of any diagnosed eye disability. Copies of all pertinent records must be made available to the examiner for review. If the examiner determines that an opinion cannot be provided without an examination, on should be scheduled. The examiner must answer the following: 4. (a) Identify all currently diagnosed eye disabilities. (b) Is it at least as likely as not that any currently diagnosed eye disability is related to service, to include a 1976 incident in which a car battery exploded near the Veteran's eye? A complete rationale must be provided for all opinions. If the examiner cannot provide an opinion without resort to speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge; the examiner's own expertise, or; whether additional facts are required and note what, if any, additional evidence would permit such an opinion to be made. M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P.S. McLeod 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.