Citation Nr: 21014882 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 16-01 246 DATE: March 16, 2021 REMANDED Entitlement to service connection for a recurrent lumbosacral spine disorder, to include degenerative disc disease, is remanded. Entitlement to service connection for a recurrent cervical spine disorder, to include degenerative disc disease, is remanded. Entitlement to service connection for a recurrent shoulder disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1967 to October 1970. This matter comes before the Board of Veterans’ Appeals (Board) from May 2011 and May 2013 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). The matter was previously remanded by the Board in an October 2018 decision for additional development and has now returned for further appellate review. 1. Entitlement to service connection for a recurrent lumbosacral spine disorder, a recurrent cervical spine disorder, to include degenerative disc disease, and a recurrent bilateral shoulder disorder is remanded. As there is considerable overlap in the applicable evidence for the Veteran’s claims for entitlement to service connection for the claimed lumbosacral spine, cervical spine, and bilateral shoulder disorders, the Board will discuss the claims together. Pursuant to the October 2018 Board remand, the Veteran received a VA examination regarding the nature and etiology of his claimed spine and shoulder disorders in November 2019. The examiner diagnosed the Veteran with degenerative arthritis of the spine, for both the cervical spine and the lumbosacral spine, and bilateral shoulder strain, but opined that the conditions were less likely than not incurred in or caused by in-service injury, event, or illness. By way of rationale, the examiner stated that the Veteran’s spine and shoulder disabilities are “unrelated to service since it has been over 50 years since the veteran was in service and there is no documentation over the years that the veteran has had any treatment immediately after service” for these conditions. The examiner goes on to conclude that all of the conditions are likely age related. The Board, however, observes that the examiner failed to address the Veteran’s contention of continuous back, neck, and shoulder pain from service until the present, including by providing an explanation as to why such assertions were not credited. The examiner also failed to discuss the Veteran’s lay statements regarding experiencing back and shoulder pain after a missile caused the ship he was serving on to rock back and forth, as well as spending several months of manually moving heavy equipment while on active duty service as stated in February and October 2014 correspondence, respectively. Accordingly, the Board finds this opinion to be inadequate for determining entitlement to service-connection for spine disabilities, including of the lumbosacral and cervical spine, and bilateral shoulder disorders and that remand is warranted to obtain new VA examinations for the claimed conditions. The matters are REMANDED for the following action: 1. Afford the Veteran an examination(s) by an examiner(s) of appropriate expertise to determine the nature and etiology of the Veteran’s claimed lumbosacral and cervical spine disabilities and the Veteran’s claimed bilateral shoulder disabilities. All pertinent evidence of record must be made available to and reviewed by the examiner(s). Any indicated studies should be performed. Following a review of the relevant records and lay statements, the examiner should state an opinion with respect to whether any diagnosed spine and/or shoulder disability at least as likely as not (a 50 percent probability or greater) originated during his period of active service or is otherwise etiologically related to his active service. The examiner(s) must specifically address the Veteran’s reports relative to the etiology of the claimed disabilities. If an examiner is unable to provide any required opinion, he or she should explain why. If an examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Gorum, Associate 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.