Citation Nr: 21012356 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 15-25 123 DATE: March 4, 2021 REMANDED Entitlement to service connection for a bilateral knee disorder, including as a residual of in-service cold exposure, is remanded. Entitlement to service connection for a bilateral shoulder disorder, including as a residual of in-service cold exposure, is remanded. Entitlement to service connection for a lumbar spine disorder is remanded. Entitlement to service connection for a cervical spine disorder is remanded. Entitlement to a rating in excess of 20 percent for residuals of cold exposure of the right foot is remanded. Entitlement to a rating in excess of 20 percent for residuals of cold exposure of the left foot is remanded. REASONS FOR REMAND The Veteran had active service from May 1969 to April 1971 and from March 1974 to July 1975. The Veteran testified at an August 2017 videoconference Board hearing. The transcript is of record. The Veterans Law Judge (VLJ) who presided over the Board hearing has retired from the Board. The Veteran was so informed in a September 2019 letter. In January 2021, the Veteran testified before the undersigned VLJ. The transcript is of record. In September 2018, the Board denied the claims for service connection and remanded the claims for increased ratings. The Veteran appealed the denials to the United States Court of Appeals for Veterans Claims (Court), and in August 2019, the matter was vacated and remanded to the Board pursuant to a Joint Motion for Partial Remand. Regarding the claim for service connection for a lumbar spine disability, the Board finds additional medical evidence is needed to determine whether the low back disorder is related to service, notably the in-service treatment or reported in-service fall. Regarding the claim for service connection for a neck disorder, the Veteran has reported recent surgical treatment for the neck. The Board finds the records should be requested. Regarding the claim for the knee disorders, the Board finds medical evidence should be obtained to address the Veteran’s contentions that his knee disorders are due to the in-service cold exposure. The Board further finds additional medical evidence is needed to determine whether a current right knee disorder is related to the evidence of right knee injury in March 1975. Regarding the claims for increased ratings, based on the evidence of new symptoms not reported in the VA examination and treatment records, notably a new history of color changes, the Board finds a new examination should be conducted to determine the severity of the residuals of cold exposure. The Board finds the examination should also address the Veteran’s contentions that his shoulder disorders are due to the in-service cold exposure. The matters are REMANDED for the following action: 1. Request any outstanding, relevant treatment records, including the surgical treatment records reported at the January 2021 Board hearing. 2. Provide the claims file to an appropriate medical professional. After review, the medical professional should comment on whether the low back disorder is at least as likely as not related to service. Specifically, the medical professional should address whether the low back disorder was incurred in service or is related to service. The medical professional should provide an explanation for any comments provided, with consideration of the histories of back pain in October 1969 and August 1970, the negative histories at separation in April 1971, the February 1973 VA examination record reporting a history of a fall in August 1969, the March and September 1974 and May 1975 examination records, and the histories of intermittent low back pain since the in-service fall. 3. Schedule a VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) to determine the nature and etiology of the knee disorders. The examiner should discuss whether it is at least as likely as not that a left or right knee disorder was incurred during service or is etiologically related to service. The examiner should explain the rationale for all opinions given with consideration of the evidence of in-service cold exposure in November 1969 and right knee injury in March 1975. If the examiner is unable to provide any required opinion, the examiner should explain why. If the examiner cannot provide an opinion without resorting to mere speculation, a complete explanation as to why this is so should be provided. If the inability to provide a more definitive opinion is the result of a need for additional information, the additional information that is needed should be identified. 4. Schedule a VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) to determine the current degree of severity of the service-connected residuals of cold injury. To the extent possible, the examiner should distinguish any symptoms associated with the diabetic peripheral neuropathy. The examiner must address whether the reported shoulder disorders are due to in-service cold exposure. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Snyder, 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.