Citation Nr: 21009485 Decision Date: 02/22/21 Archive Date: 02/22/21 DOCKET NO. 12-20 696 DATE: February 22, 2021 REMANDED Entitlement to service connection for a bilateral shoulder disorder, to include as due to exposure to contaminated water at Camp Lejeune, is REMANDED. Entitlement to service connection for a cervical spine / neck disorder with radiculopathy, to include as due to exposure to contaminated water at Camp Lejeune, is REMANDED. Entitlement to service connection for a thoracolumbar spine disorder, to include as due to exposure to contaminated water at Camp Lejeune, is REMANDED. Entitlement to service connection for a left foot disorder, to include as due to exposure to contaminated water at Camp Lejeune, is REMANDED. REASONS FOR REMAND The Veteran served honorably in the United States Marine Corps from December 1975 to January 1980. The Veteran’s certificate of release from active duty (DD214) reflects that he served as a Wireman and Field Radio Operator. The Veteran’s DD214 also reveals that his last duty station was Camp Lejeune, North Carolina. Upon review of the record, the Board concludes that further evidentiary development is necessary. Although the Board sincerely regrets this delay and is appreciative of the Veteran’s service to his country, a remand is necessary to ensure VA provides the Veteran with appropriate assistance in developing his claims prior to final adjudication. Entitlement to service connection for bilateral shoulder, cervical spine, thoracolumbar spine, and left foot disorders is remanded. In December 2017, the Board addressed the issues listed on the title page. At that time, the Board remanded the claims to the agency of original jurisdiction (AOJ) for additional development. The Board directed the AOJ to obtain VA examination reports that addressed the existence of any current bilateral shoulder, cervical spine, thoracolumbar spine, and left foot disorders, and whether any of these disorders were related to the Veteran’s service in the U.S. Marine Corps, to include his in-service MOS duties, his in-service injuries, and his exposure to contaminated water at Camp Lejeune. In April 2020, the Board addressed the issues listed on the title page. At that time, the Board remanded the claims to the AOJ for additional development. The Board directed the AOJ to obtain adequate VA examination reports that addressed the nature and etiology of all four of the issues listed on the title page. In November 2020, the Veteran submitted a VA Form 21-4138. Therein, the Veteran questioned the credentials of the nurse practitioner in December 2018 and the physician in September 2020. The Veteran requested the resumes of both VA examiners. The Federal Circuit Court has held that to challenge the competency of the VA medical examiner, a claimant is required to raise this challenge in the first instance. Francway v. Wilkie, 940 F.3d 1304, 1307-09 (Fed. Cir. Oct. 15, 2019). Once the claimant has met this requirement and the challenge is raised, VA must satisfy its burden of persuasion as to the examiner’s qualifications and respond to the challenge by providing information about the qualifications of a medical examiner to the veteran. Id. Because the Veteran has satisfied the initial requirement, the burden has shifted to VA to establish the examiner’s qualifications. The Board must therefore remand the case so that the AOJ can obtain the curriculum vitae of the December 2018 and September 2020 VA examiners and provide copies to the Veteran. See Fears v. Wilkie, 31 Vet. App. 308, 317 (2019). Consequently, the matters are REMANDED to the AOJ for the following action: 1. Contact the examiners who completed the December 2018 and September 2020 VA examinations and request a copy of their resumes / CVs. Upon receipt of the examiners’ resume / CV, associate it with the claims file and provide the Veteran with a copy. If the resumes / CVs are not obtainable, the Veteran should be notified and the reasons for the failure to obtain information concerning the examiners’ qualifications should be documented in the claims file. 2. After completion of the first directive, and any other development the AOJ deems appropriate, the Veteran’s claims should be returned to the Board. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board RLBJ, 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.