Citation Nr: 21006280 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 14-04 301 DATE: February 3, 2021 REMANDED Entitlement to service connection for a right elbow condition, to include cellulitis and bursitis, is remanded. REASONS FOR REMAND Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claim so that she is afforded every possible consideration. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The Veteran had active military service from August 2007 to August 2011. This matter comes before the Board of Veterans’ Appeals (Board) from the January 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared at a March 2015 hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. Entitlement to service connection for a right elbow condition, to include cellulitis and bursitis, is remanded. The Veteran contends that her right elbow condition is related to her military service. This matter was previously before the Board in April 2020 and was remanded for further development. At that time, the Board found the Veteran’s October 2017 VA elbow examination and accompanying opinion to be inadequate and directed the Agency of Original Jurisdiction (AOJ) to obtain a new one. Specifically, the Board directed the VA examiner to determine whether the Veteran’s right elbow condition is at least as likely as not related to her military service. The Board stated that the examiner must consider the Veteran’s lay statements of chronicity and continuity of symptoms since service, as well as the Veteran’s post-service treatment records that note consistent complaints of elbow pain. Subsequently, in May and July 2020, a VA opinion and addendum opinion were obtained. The VA examiner opined that the Veteran’s right elbow condition, including bursitis and cellulitis, is not related to her military service. The examiner stated that the Veteran’s right elbow condition while in service was acute and transient and did not result in a chronic right elbow condition. The examiner also explained that there is no radiologic evidence to support a chronic right elbow condition and interim medical records from 2009 to 2017 are silent for right elbow pain “as evidence on VA examinations dated 2012 and 2017.” Therefore, the physician opined that the Veteran’s diagnosis of right elbow condition, to include cellulitis and bursitis, is less likely than not related to her military service. The July 2020 addendum opinion references the Veteran’s complaints of elbow pain post-service, however, the physician states that the records are directed to a more significant left elbow condition. In support, the physician discusses the Veteran’s 2012 and 2017 VA examinations. However, it appears that the May and July 2020 VA opinions did not take into account the Veteran’s lay statements of chronicity and continuity of symptoms since service or the Veteran’s VA treatment records that note complaints of right elbow pain (November 2013 VA treatment record noted bilateral elbow pain; at the Veteran’s March 2015 Board hearing, she testified that she has had issues with her elbow since Basic training and that she could not put direct pressure on her elbow, and if she did it shot a pain up and there were a few different occasions where her elbow actually swelled; a December 2015 VA treatment record noted elbow pain; a May 2017 VA treatment record noted elbow pain; a June 2017 VA treatment record noted that the Veteran’s elbow randomly swelled; and, a February 2019 VA treatment record noted mild right elbow erythema.) Therefore, the Board finds the May and July 2020 opinions inadequate. As a matter of law, a remand by the Board confers upon the Veteran the right to compliance with the Board’s remand order. Stegall v. West, 11 Vet. App. 268, 270-71 (1998). As such, in accordance with Stegall, remand for full compliance with the Board’s prior remand is warranted. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any diagnosed right elbow condition. The examiner must opine whether it is at least as likely as not (50 percent or greater probability) that any diagnosed right elbow condition is related to an in-service injury, event, or disease. All opinions provided must be thoroughly explained and an adequate rationale for any conclusions reached must be provided. The examiner should not rely on the absence of evidence of in-service treatment or injury in the Veteran’s service treatment records as a basis for any given opinion. If any requested opinion cannot be provided without resort to speculation, the medical professional should state and explain why an opinion cannot be provided without resort to speculation. (Continued on the next page)   2. Following completion of the above, and a review of any additional evidence received, the RO should also undertake any other development it deems to be necessary, to include, if warranted, an addendum medical opinion which considers any newly received evidence. MICHAEL MARTIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Mountford, 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.