Citation Nr: 21008653 Decision Date: 02/17/21 Archive Date: 02/17/21 DOCKET NO. 19-08 960A DATE: February 17, 2021 REMANDED Entitlement to service connection for a neck disability is remanded. Entitlement to service connection for a right shoulder disability is remanded. Entitlement to service connection for a left hip disability is remanded. Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty from July to December 1958 and May 1968 to September 1969, with additional periods of active duty for training (ACDUTA) and inactive duty for training (INACDUTRA) in the Idaho National Guard between May 1958 and September 1985. In November 2020, he testified before the undersigned Veterans Law Judge (VLJ) via videoconference. A transcript of the hearing is associated with the claims file.   1. Entitlement to service connection for a neck disability is remanded. 2. Entitlement to service connection for a right shoulder disability is remanded. The Veteran has consistently reported being in a motor vehicle accident (MVA) in April 1958 during which he was thrown from the car and incurred a broken leg and foot, as well as injuries to his neck and upper spine. The Veteran has stated that the MVA occurred while he was performing training duty in the Idaho National Guard and a newspaper article confirms that he was among four National Guardsmen involved in the accident that occurred while they were en route to Idaho Falls from the rifle range. See March 2017 Veteran statement; April 1958 news article. He has endorsed having pain and discomfort in his neck since that time and stated that his right shoulder problems began immediately after and in conjunction with the neck/upper spine injury. He has submitted lay statements from individuals, including his wife, who also attest to his having neck and right shoulder problems since service. See April 2019 lay statement from J.B.; December 2020 lay statement from M.E. The foregoing evidence is competent and, thus, sufficient trigger VA’s duty to assist the Veteran by providing a VA examination and opinion to determine if he has a neck and right shoulder disability that was incurred during or as a result of active service. See McLendon v. Nicholson, 20 Vet. App. 79, 81-2 (2006). On remand, the agency of original jurisdiction (AOJ) will have an opportunity to ensure that all efforts have been exhausted to obtain any other outstanding records identified by the Veteran. In this regard, it does not appear that any attempt was made to obtain records from LDS Hospital where the Veteran reportedly received treatment after the April 1958 MVA. 3. Entitlement to service connection for a left hip disability is remanded. The Veteran has provided competent lay statements that establish he injured his left hip while performing duties during training duty in the 1980s. See November 2020 Board hearing transcript; December 2020 lay statement from M.E. During the Board hearing, he testified, since the in-service injury, he has experienced pain in the left hip which is similar to the pain he experienced during service. The lay evidence of record is sufficient to establish the in-service left hip injury, continued hip problems since service, and recurrent left hip pain that results in a functional impairment. As such, the evidence triggers VA’s duty to provide the Veteran with a VA examination and opinion. 4. Entitlement to service connection for a left knee disability is remanded. 5. Entitlement to service connection for a right knee disability is remanded. The Veteran has stated that he has left and right knee disabilities that he believes are a result of the many years of physical training and running on hard surfaces in military boots. His representative has also argued that his left knee disability is a direct result of his left leg being broken during the April 1958 MVA, while his right knee was caused by running on hard surfaces particularly when you take into consideration the left leg injury. See February 2020 representative statement. Given the representative’s assertion, the Board notes that any outstanding records related to the in-service MVA may contain evidence relevant to the claimed left knee disability. Additionally, the Board also notes that the claims file contains an October 2015 right knee x-ray study that notes the Veteran has chronic, nontraumatic right knee pain and confirms the presence of degenerative joint disease in the joint. Notably, the x-ray report is not accompanied by any treatment records although the report reflects that the Veteran’s physician was Dr. S. Machen. Any outstanding treatment records related to the Veteran’s right knee disability may contain information and evidence relevant to the claim, including evidence regarding the onset and etiology of the disability. Therefore, the Board is unable to determine that no reasonable possibility exists that obtaining any outstanding treatment records would assist the Veteran in substantiating his claims and, as such, the AOJ must attempt to obtain any outstanding treatment records. The matters are REMANDED for the following action: 1. After obtaining authorization forms from the Veteran, obtain any available records from LDS Hospital in Idaho Falls, Idaho, as well as Dr. S. Machen. All attempts to obtain this evidence must be documented in the claims file and performed consistent with 38 U.S.C. § 5103A(b)(3) and 38 C.F.R. § 3.159(c)(2). 2. Contact the National Personnel Records Center (NPRC), the Idaho National Guard, and any other appropriate location and request the Veteran’s complete service personnel and treatment records from all periods of his service including with the National Guard. 3. Schedule the Veteran VA examinations to determine the nature and likely etiology of his neck, right shoulder, and left hip disabilities. The Veteran’s claims file must be made available to the examiner(s). Following review of the claims file and examination of the Veteran, the examiner must respond to the following: (a) Identify any disability involving the neck/cervical spine, right shoulder, and/or left hip since May 2016. (b) If no diagnosis is supported by the objective evidence of record or examination, the examiner must address whether the Veteran’s complaints of neck, right shoulder and/or left hip pain cause functional loss or impairment of earning capacity. (c) For each disability identified above, opine whether it is at least as likely as not (50 percent or higher degree of probability) that the disability was incurred during or as a result of the Veteran’s military service, to include the MVA that occurred in April 1958 or the duties he performed during active and National Guard service? (d) With respect to the right shoulder, the examiner should also offer an opinion as to whether it is at least as likely as not (i.e., a probability of 50 percent) that the right shoulder disability (a) was caused by OR (b) is/has been aggravated by any neck disability. (e) A clear, well-reasoned rationale must be provided for all opinions, with consideration of the lay and medical evidence. M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Turnipseed, 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.