Citation Nr: 21007823 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 14-00 302 DATE: February 10, 2021 REMANDED Entitlement to service connection for cervical spine strain (hereinafter “neck disability”) is remanded. Entitlement to service connection for lumbosacral strain/lumbago (hereinafter “back disability”) is remanded. Entitlement to service connection for left hip disability is remanded. Entitlement to service connection for right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from August 2004 to March 2007, to include service in Iraq from March 2003 to March 2004 and December 2005 to November 2006. His decorations include the Combat Action Ribbon. These matters come to the Board of Veterans’ Appeals (Board) on appeal from a January 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office. This case was previously before the Board in August 2018, when it was remanded to the agency of original jurisdiction (AOJ) for additional development, to include scheduling the Veteran for examinations. The record reflects that the examinations were scheduled, but that the Veteran failed to report. Although notified in a June 2020 supplemental statement of the case that good cause had not been shown for the Veteran’s failure to report for the examinations, neither the Veteran nor his representative have provided any explanation for his failure to appear. See 38 C.F.R. § 3.655. Entitlement to service connection for neck, back, left hip, and right knee disabilities is remanded for medical opinions. Although the Veteran failed to report for the VA examinations scheduled on remand, the Board still finds it necessary to obtain adequate opinions regarding his claimed disabilities. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007) (holding that once VA undertakes the effort to provide an examination when developing a claim, even if not statutorily obligated to do so, VA must ensure that the examination provided is adequate). The matters are REMANDED for the following action: 1. Obtain a VA opinion to determine the etiology of any neck disability/ies diagnosed during or proximate to the appeal period. The claims file must be made available to, and reviewed by the examiner. Based on a review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any diagnosed neck disability had its onset during the Veteran’s active service, or is otherwise etiologically related to such service. In forming the opinion, the examiner must discuss the in-service documentation of a neck disability and the Veteran’s lay statements regarding the onset and continuity of his symptoms. The rationale for all opinions expressed must be provided. The examiner is advised that an absence of documentation in the Veteran’s treatment records cannot serve as the sole basis for a negative finding. 2. Obtain an opinion regarding the etiology of any back disability/ies diagnosed during or proximate to the appeal period. The claims file must be made available to, and reviewed by the examiner. Based on a review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any diagnosed back disability had its onset during the Veteran’s active service, or is otherwise etiologically related to such service. In forming the opinion, the examiner must discuss the in-service documentation of a back disability and the Veteran’s lay statements regarding the onset and continuity of his symptoms, including the November 2006 post-deployment questionnaire and the September 2007 post-deployment health reassessment. The rationale for all opinions expressed must be provided. The examiner is advised that an absence of documentation in the Veteran’s treatment records cannot serve as the sole basis for a negative finding. 3. Obtain an opinion regarding the etiology of any left hip disability/ies diagnosed during or proximate to the appeal period. The claims file must be made available to, and reviewed by the examiner. Based on a review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any diagnosed left hip disability had its onset during the Veteran’s active service, or is otherwise etiologically related to such service. In forming the opinions, the examiner must discuss the in-service documentation of left hip symptoms and the Veteran’s lay statements regarding the onset and continuity of his symptoms. The examiner should also provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any diagnosed left hip disability was caused or chronically worsened by a service-connected disability, to specifically include any altered gait and/or body mechanics resulting from the Veteran’s service-connected left knee disability. The examiner should address the Veteran’s report at the October 2012 VA examination that his left hip pain worsened during left knee flare ups. The rationale for all opinions expressed must be provided. The examiner is advised that an absence of documentation in the Veteran’s treatment records cannot serve as the sole basis for a negative finding. 4. Obtain an opinion regarding the etiology of any right knee disability/ies diagnosed during or proximate to the appeal period. The claims file must be made available to, and reviewed by the examiner. Based on a review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any diagnosed right knee disability had its onset during the Veteran’s active service, or is otherwise etiologically related to such service. In forming the opinions, the examiner must discuss the in-service documentation of right knee symptoms and the Veteran’s lay statements regarding the onset and continuity of his symptoms. The examiner should also provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present right knee disability was caused or chronically worsened by a service-connected disability, to specifically include any altered gait and/or body mechanics resulting from the Veteran’s service-connected left knee disability. The examiner should address the Veteran’s his report at October 2012 VA examination that he began to place more weight on his right knee during his active duty service due to his left knee pain. The rationale for all opinions expressed must be provided. The examiner is advised that an absence of documentation in the Veteran’s treatment records cannot serve as the sole basis for a negative finding. 5. Then, readjudicate the claims on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow the applicable time for response. Then, return the case to the Board. Roya Bahrami Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Willis, 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.