Citation Nr: 21012910 Decision Date: 03/05/21 Archive Date: 03/05/21 DOCKET NO. 18-20 933 DATE: March 5, 2021 REMANDED Service connection for degenerative joint disease in the lumbar spine (lumbar spine disorder) is remanded. Service connection for degenerative joint disease in the right knee (right knee disorder) is remanded. Service connection for degenerative joint disease of the left knee (left knee disorder) is remanded. Service connection for degenerative arthritis in the right hip, status post right hip replacement (right hip disorder) is remanded. Service connection for degenerative arthritis in the left hip, status post left hip replacement (left hip disorder) is remanded. A total disability rating based on individual unemployability (TDIU) from May 10, 2016 to March 15, 2017 is remanded. REASONS FOR REMAND The Veteran, who is the appellant, served on active duty from July 1963 to July 1966. 1. Service connection for a lumbar spine disorder is remanded. 2. Service connection for a right knee disorder is remanded. 3. Service connection for a left knee disorder is remanded. 4. Service connection for a right hip disorder is remanded. 5. Service connection for a left hip disorder is remanded. In an October 2019 decision, the Board, in pertinent part, denied service connection for a lumbar spine disorder, right and left knee disorders, and right and left hip disorders, including as secondary to the service-connected Charcot-Marie tooth disease in the right and left feet (bilateral foot disorder), which the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). The Board’s October 2019 decision was remanded pursuant to an August 2020 Joint Motion for Partial Remand (JMPR) on the basis that remand was necessary because the Board relied on what the JMPR agreed to be inadequate medical opinions contained in October 2016 and January 2018 VA examination reports. Specifically, the parties agreed that the October 2016 VA examiner’s opinion was inadequate because the VA examiner did not provide a rationale as to why the Veteran’s service-connected bilateral foot disorder did not cause the claimed lumbar spine disorder, right and left knee disorders, and right and left hip disorders. The parties also agreed that the January 2018 VA examiner did not provide an adequate rationale as to why the service-connected bilateral foot disorder did not worsen any of the claimed conditions beyond their normal progression. Finally, the parties agreed that the Board did not adequately address the theory of direct service connection for all the claimed conditions. Based on the foregoing, remand for VA addendum opinions is needed. 6. TDIU from May 10, 2016 to March 15, 2017 is remanded. The Veteran contends he is prevented from obtaining and maintaining substantially gainful employment due to service-connected disabilities. The Veteran is already in receipt of a TDIU from March 15, 2017 forward; thus, the remaining issue is whether the Veteran is entitled to a TDIU from May 10, 2016 (date of the claim) to March 15, 2017. In a May 2016 VA Form 21-8940, the Veteran asserts that the service-connected cervical spine and bilateral upper extremity radiculopathy disorders, along with the claimed lumbar spine and right and left knee disorders prevents him from obtaining and maintaining employment. Thus, the issue of entitlement to a TDIU from May 10, 2016 to March 15, 2017 is inextricably intertwined with the adjudication of service connection for the claimed lumbar spine and right and left knee disorders. The matters are REMANDED for the following actions: 1. Request that a VA medical professional review the electronic file and provide the VA addendum opinions requested below for the claimed lumbar spine disorder, right and left knee disorders, and right and left hip disorders. The VA examiner should note such review in the addendum opinions. If the VA examiner determines that additional examination(s) of the Veteran is necessary to provide reliable opinions as to causation, such examination(s) should be scheduled; however, the Veteran should not be required to report for another examination as a matter of course, if it is not found to be necessary. A rationale should be provided for all opinions. VA examiner should provide the following opinions: a) Is it at least as likely as not (i.e., 50 percent probability or greater) that the current lumbar spine disorder was caused by the service-connected Charcot-Marie Tooth disease in the feet? b) Is it at least as likely as not (i.e., 50 percent probability or greater) that the current lumbar spine disorder was worsened beyond its natural progression by the service-connected Charcot-Marie Tooth disease in the feet? c) Is it at least as likely as not (i.e., 50 percent probability or greater) that the current right knee and/or left knee disorders were caused by the service-connected Charcot-Marie Tooth disease in the feet? d) Is it at least as likely as not (i.e., 50 percent probability or greater) that the current right knee and/or left knee disorders were worsened beyond its natural progression by the service-connected Charcot-Marie Tooth disease in the feet? e) Is it at least as likely as not (i.e., 50 percent probability or greater) that the current right and/or left hip disorders were caused by the service-connected Charcot-Marie Tooth disease in the feet? (Continued on the next page)   f) Is it at least as likely as not (i.e., 50 percent probability or greater) that the current right and/or left hip disorders were worsened beyond its natural progression by the service-connected Charcot-Marie Tooth disease in the feet? J. PARKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Choi, 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.