Citation Nr: 21074601 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 17-41 110 DATE: December 15, 2021 REMANDED Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for bilateral hearing loss is remanded. Entitlement to service connection for a lumbar spine disability is remanded. Entitlement to service connection for a right shoulder disability is remanded. Entitlement to service connection for a left foot disability is remanded. Entitlement to service connection for a right foot disability is remanded. REASONS FOR REMAND The Veteran had active military service in the United States Navy from July 1978 to July 1981 and from April 1982 to May 1988. These matters are on appeal from an August 2016 rating decision. In October 2019, the Board remanded the case for further development by the originating agency. All claims As an initial matter, the Board notes that additional evidence, to specifically include service treatment records (STRs) were added to the record subsequent to September 2020 Supplemental Statement of the Case (SSOC). In October 2021, the Board sent the Veteran a letter to clarify whether he wanted to waive consideration of the newly obtained evidence by the Agency of Original Jurisdiction (AOJ). In November 2021, the Veteran responded to the letter and indicated his desire to have the appeal remanded so that the AOJ could review the newly obtained evidence. For this reason, the Board is remanding this case to for AOJ review of the additional evidence. See 38 C.F.R. § 20.1304 (c). Back, right shoulder, bilateral foot disabilities Regarding the Veteran's claimed back, bilateral foot, and right shoulder disabilities, in a December 2019 VA medical opinion the examiner opined that the Veteran's back and bilateral foot disabilities were less likely than not related to his service based, in part, on the rationale that his STRs were unavailable. In a May 2020 VA addendum the examiner opined that the claimed back and right shoulder disabilities were not related to service based, in part, on limited data and the unavailability of STRs. Since the VA examinations and opinions regarding the Veteran's back, right shoulder, and bilateral foot disabilities are based on a review of an incomplete record and as it remains unclear whether the Veteran has any currently diagnosed back, right shoulder, and bilateral foot disabilities which are related to his service, and to afford a VA examiner an opportunity to consider the complete record, on remand an addendum should be obtained. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). The matters are REMANDED for the following action: Obtain an appropriate addendum from the December 2019 VA examiner (or to a VA examiner of appropriate expertise if the December 2019 examiner is no longer available) regarding the nature and etiology of the Veteran's lumbar spine, bilateral foot, and right shoulder disabilities. Unless the examiner finds that new examinations are required, the Veteran need not be examined again. The claims file, including a copy of this remand, must be made available to the examiner for review who should indicate that the claims file was reviewed. The examiner should provide the following opinion(s): Is it at least as likely as not (50 percent probability or more) that the Veteran's lumbar spine, right shoulder, left foot, and right foot disabilities had onset in or are etiologically-related to the Veteran's active duty service? The examiner is asked to consider and discuss, as necessary, the pertinent evidence of record, to include the Veteran's lay statements and complaints concerning his lumbar spine, right shoulder, left foot, and right foot disabilities, including those made to medical providers. The Board, by this remand, makes no determination, expressed or implied, concerning the credibility of any statements on file. (Continued on the next page) The addendum should include the complete rationale for all opinions expressed. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Adams, 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.