Citation Nr: 21013566 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 17-64 430 DATE: March 9, 2021 REMANDED Entitlement to service connection for rheumatoid arthritis is remanded. VETERAN’S CONTENTIONS The Veteran contends that he should be service connected for his rheumatoid arthritis because he was exposed to depleted uranium in service. See November 2020 Correspondence. The Veteran testified that as a battalion dispatcher he was exposed to uranium as a result of his duties inspecting the M1A1 Heavy Coleman tanks. See November 2020 Board Hearing Transcript pg. 2. The Veteran stated that he had to inspect approximately 45 tanks every other month. Id. at 3. The Veteran stated that there was always dust and contamination no matter how much the vehicles were cleaned. Id. at 1. The Veteran also explained that there was depleted uranium armor in the number one shirt, which was a part of the M1A1 Heavy Coleman tanks. Further, the Veteran asserted that he began to experience joint pain during service but he assumed that there were other causes for the pain. See November 2020 Board Hearing Trans. p. 4. REASONS FOR REMAND The Veteran served on active duty from November 1992 to November 1995. This matter comes before the Board of Veteran’s Appeal (Board) on appeal from a March 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In December 2017, the Veteran requested a hearing. See December 2017 VA 21-0820 Report of General Information. In November 2020, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. Entitlement to service connection for the Veteran's rheumatoid arthritis disability is remanded. Although the Board regrets the delay, the Board must remand because the Veteran was not afforded a VA examination. Specifically, the VA must provide an examination or obtain a medical opinion in a claim of service connection when the record contains competent lay or medical evidence of (1) a current diagnosed disability or persistent or recurrent symptoms of disability; (2) evidence establishing that the veteran suffered an event, injury or disease in-service; (3) an indication that the claimed disability or symptoms may be associated with the established event, injury, or disease in-service or with another service-connected disability; and (4) insufficient competent medical evidence for VA to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79, 81-83 (2006); see also 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4). The threshold for finding that the disability may be associated with service is low. Id. A Veteran is competent to report his observable symptoms and history, including the onset and timing of symptoms, and such reports must be considered. Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007).  Here, the Veteran has provided medical evidence showing that he has been diagnosed with rheumatoid arthritis. See December 2015 Private Treatment Record. Further, the Veteran has provided information from the VA NJ War Related Illness and Injury Study Center demonstrating that the heavy armor tanks with which he had contact in service used depleted uranium. See November 2020 Correspondence. Further, the article asserts that exposure to depleted uranium can cause rheumatoid arthritis. Id. The Board finds that the Veteran has met threshold requirement for VA examination because the evidence suggests that his rheumatoid arthritis condition may be related to in-service exposure to depleted uranium. Accordingly, the Board finds that the issue of service connection for the Veteran’s rheumatoid arthritis disability must be remanded to obtain a VA examination. See McLendon v. Nicholson, 20 Vet. App. 79, 81-83 (2006); see also 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4). The examiner should comment on whether exposure to depleted uranium is related to the Veteran’s subsequent development of rheumatoid arthritis. The examiner should also take into account that the Veteran has no familial history of rheumatoid arthritis. See October 2020 Private Treatment Record Addendum. In ordering a remand in the instant case, the Board is not making a preliminary formal finding as to the credibility of the Veteran’s lay reports. Rather, the Board is merely requesting that the examiner on remand consider the Veteran’s own descriptions of the history of his rheumatoid arthritis disability. See Smith v. Wilkie, 32 Vet. App. 332, 338-39 (2020). The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination to determine the nature and etiology of the Veteran’s rheumatoid arthritis. The entire claims file must be made available to and be reviewed by the examiner. The examiner must address the following: (a.) Please state whether it is at least as likely as not (50 percent probability or more) that the Veteran’s rheumatoid arthritis had its onset in, was caused by, or is otherwise related to service. (b.) For the purpose of providing the opinion requested, please accept as valid the Veteran’s statements that he has experienced joint pain since service, and state whether a nexus between the Veteran’s rheumatoid arthritis disability and service is medically consistent with the information provided by the Veteran. The examiner should also consider the fact that the Veteran has no family history of rheumatoid arthritis. (The Board reminds the Veteran that in asking the examiner to accept the history he provided, the Board is not at this time making an assessment of the credibility of his statements). (c.) Please state whether the Veteran’s rheumatoid arthritis condition is related to the Veteran’s in-service exposure to depleted uranium. In making this determination, please review the VA NJ War Related Illness and Injury Study Center research that states that exposure to depleted uranium may cause rheumatoid arthritis. See November 2020 Correspondence. (d.) In providing a response to Part (c), please provide a dose estimation (based on relevant medical literature) for how much depleted uranium the Veteran must have been exposed to in order for it to cause him to develop rheumatoid arthritis. In offering any opinion, the examiner should consider medical and lay evidence dated both prior to and since the filing of the claim. The examiner should give specific consideration to the Veteran’s theory of the case—that is, exposure to depleted uranium every other month while inspecting approximately 45 tanks, led or contributed to the development of his rheumatoid arthritis condition. The examiner should provide a complete rationale for any opinion rendered. If the examiner’s opinion is negative, he or she must clearly explain why, to include a discussion of why the evidence does not support a finding that the Veteran’s exposure to depleted uranium did not contributed to his current rheumatoid arthritis disability. If he or she cannot provide the requested opinions without resorting to speculation, he or she should expressly indicate this and provide a supporting rationale as to why that is so. S.C. Krembs Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Foster, Shaniese E. 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.