Citation Nr: 21075893 Decision Date: 12/21/21 Archive Date: 12/21/21 DOCKET NO. 15-02 295 DATE: December 21, 2021 REMANDED Entitlement to service connection for a rib injury (claimed as broken ribs) is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1960 to September 1962 and from August 1964 to August 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a November 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge in January 2018. A transcript of the hearing is of record. The Board remanded the appeal for additional development in April 2018 and October 2020. 1. Entitlement to service connection for a rib injury (claimed as broken ribs) is remanded. The Veteran asserts that he has residuals of a rib injury related to military service. The Veteran testified that he injured his ribs in service while training in the Dominican Republic, as a result from duties as a parachutist, and that he currently experiences pain. In a January 1999 VA treatment record, the Veteran indicated that he received benefits from the Social Security Administration (SSA). VA received correspondence from the SSA that there are no medical records in October 2020. On remand, the AMO should send to the Veteran and his representative notice of the same. Also, the Veteran was afforded an examination in June 2021. The examiner opined that it is less likely than not that the Veteran's rib injury was incurred in or caused by the claimed in-service fall. The examiner reasoned that although the Veteran's verbal claim of a 100-foot fall from a canyon is accepted, there is no objective evidence of a condition on exam today. The Veteran's claimed injury likely resolved. The Board finds this opinion inadequate. The examiner did not address the February 3, 2011 and March 7, 2012 VA treatment records noted in the October 2020 Board Remand. [While the prior remand also referenced a December 2013 record, upon further review the Board notes that this record is not relevant as it referenced findings pertaining to the thoracic and lumbar spine. The only issue before the Board involves the rib cage. The Veteran was previously denied service connection for a back condition in rating decisions dated in October 1988 and November 2011; these rating decisions are final.] Where the remand orders of the Board are not complied with, the Board errs as a matter of law when it fails to ensure compliance. Stegall v. West, 11 Vet. App. 268, 271 (1998). Accordingly, a remand for another opinion is warranted. The matter is REMANDED for the following action: 1. The AMO must send the Veteran and his representative notice the Veteran's SSA records are unavailable. 2. Obtain an addendum opinion from an orthopedist (M.D.) for the Veteran's claimed rib injury. The claims file must be made available to and reviewed by the examiner. A note that such review was completed should be provided in the examiner's report. The examiner should answer the following question: Is it at least as likely as not (a 50 percent probability or greater) that any claimed residuals, to include a rib injury are etiologically related to the Veteran's periods of active service? For purposes of this opinion, the examiner is to accept the Veteran's reports of having slipped and fallen 100 feet in a canyon. In doing so, the examiner should discuss the following: (a) Does the Veteran have any disabilities involving a rib injury that are consistent with the general wear and tear that would be associated with his duties as a parachutist? The examiner must consider/discuss the Veteran's contentions that he has experienced rib injury symptoms over the years. The examiner must consider/discuss the February 3, 2011 VA treatment record that notes the Veteran complained of "LEFT, RIGHT is worse today but has chronic pain in both hands; his right rib cage area (intermittent) and his lower back" and the March 7, 2012 VA treatment record that notes the Veteran complained of "numbness of the whole left side (left leg and trunk and arm) especially at night.... [and that] he fell down a canyon while in the military in Santo Domingo injuring his left side." (b) Does the Veteran have any disabilities involving the ribs that are consistent with falling 100 feet from a "Swing of Life", without a safety net, rendering him unconscious? The examiner must consider/discuss the Veteran's contentions that he has experienced rib injury symptoms over the years. The examiner must consider/discuss the February 3, 2011 VA treatment record that notes the Veteran complained of "LEFT, RIGHT is worse today but has chronic pain in both hands; his right rib cage area (intermittent) and his lower back" and the March 7, 2012 VA treatment record that notes the Veteran complained of "numbness of the whole left side (left leg and trunk and arm) especially at night.... [and that] he fell down a canyon while in the military in Santo Domingo injuring his left side." (c) Regarding the Veteran's rib injury, if no such disability is identified, the examiner must indicate whether the Veteran's reported rib pain causes any functional impairment. If it is determined the Veteran's rib injury pain causes functional impairment, please opine as to whether it is at least as likely as not (a 50 percent or greater probability) that such functional impairment is etiologically related to the Veteran's active-duty service, to include the "Slide of Life" injury and wear and tear associated with his duties as a parachutist. The examiner must consider/discuss the Veteran's contentions that he has experienced rib injury symptoms over the years. The examiner must consider/discuss the February 3, 2011 VA treatment record that notes the Veteran complained of "LEFT, RIGHT is worse today but has chronic pain in both hands; his right rib cage area (intermittent) and his lower back" and the March 7, 2012 VA treatment record that notes the Veteran complained of "numbness of the whole left side (left leg and trunk and arm) especially at night.... [and that] he fell down a canyon while in the military in Santo Domingo injuring his left side." The examiner is requested to provide a thorough rationale for any opinion provided. An examiner's report that he or she cannot provide an opinion without resorting to speculation is inadequate unless the examiner provides a rationale for that statement. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Edwin B. Esmenda, 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.