Citation Nr: 21015394 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 10-26 218 DATE: March 17, 2021 REMANDED Service connection for a back condition (lumbar spine disability) is remanded. Service connection for a right knee disability is remanded. Service connection for a benign tumor/skin condition (lipomas) is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1971 to March 1973, and again from January 1991 to October 1991, with additional periods of active duty for training (ACTDUTRA) in the Army Reserve. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from January 2009 and November 2014 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico. In April 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of this hearing is of record. In January 2018 and July 2018, the Board remanded the case to the RO for further evidentiary developments. The service connection claim for right eye, retinal detachment and chronic canaliculitis (right eye disability) was initially on appeal before the Board. However, in a November 2020 rating decision, the RO granted this service connection claim. As this constitutes as a grant of full benefits sought, this service connection claim for the right eye disability is no longer on appeal before the Board. Nonetheless, the Board regrets further delay, as it finds that additional developments are necessary before a decision may be rendered on the remaining issues on appeal. In January 2018 and July 2018, the Board remanded this matter for additional developments, including and not limited to, verifying the Veteran’s period of ACTDUTRA. Although additional service personnel records have since been added to the claims file, the RO still has not yet confirmed the Veteran’s period of ACTDUTRA. As a matter of fact, service personnel records suggest that the Veteran retired from the Army Reserve in April 2011. See e.g. April 2018 Information Report; see also December 2020 Information Report. Consequently, the VA opinions for the lumbar spine disability and skin condition are premised by the VA examiners’ understanding that the Veteran “rejoined the forces in 1980 for the U.S. Reserves” and that he “was on active duty [from] January to October 1991 and then discharged honorably.” See November 2018 VA Medical Opinion for the Lumbar Spine; see also June 2019 Addendum Opinion on Skin Condition/Lipomas. A remand by the Board confers on the Veteran or other claimant, as a matter of law, the right to substantial compliance with the remand order. Stegall v. West, 11 Vet. App. 268, 271 (1998). A remand is required for the RO to verify and identify the Veteran’s period of ACTDUTRA; obtain STRs, if any, from the Veteran’s period of service in the Reserve; schedule the Veteran for new VA examinations, and to obtain an etiological opinion on the lumbar spine disability and skin condition. As a November 2014 VA medical examination and opinion on the Veteran’s right knee suggests that the Veteran’s right knee is etiologically related to the Veteran’s lumbar strain, the Board finds that this issue is inextricably intertwined with the claim for service connection for a lumbar spine disability. Harris v. Derwinski, 1 Vet. App. 180 (1991). Thus, this issue is also remanded, pending the outcome of the service connection claim for the lumbar spine. The matters are REMANDED for the following action: 1. Prior to scheduling any VA examinations and obtaining an opinion, provide a clearly enumerated list of the Veteran’s periods of service in the Army Reserve, which should indicate for each period, whether the service was active duty, ACTDUTRA, INACTDUTRA or unverified. If necessary, a request should be submitted to the Defense Finance and Accounting Service (DFAS). If any information is unavailable, provide the Veteran with a Memorandum of Unavailability, and associate a copy with the claims file. 2. After verifying the Veteran’s periods of active duty, ACTDUTRA, and INACTDUTRA in the Army Reserve, ensure that all service treatment records, including from the Army Reserve, are associated with the claims file. If any records are unavailable, provide the Veteran with a Memorandum of Unavailability, and associate it with the claims file. 3. After undertaking all of the above-mentioned developments, schedule the Veteran for a new VA examination with a physician (VA examiner) to determine the etiology of his lumbar spine disability. The VA examiner must review the claims file and must note that review in the report. A copy of this REMAND must be made available to the VA examiner. The VA examiner must undertake the following: a. Identify all back conditions that the Veteran has been diagnosed with since September 2007 (within one year prior to the September 2008 date the Veteran filed his service connection claim for a lumbar spine disability). b. For each back disability, opine whether it is at least as likely as not (50 percent probability or greater) that the pertinent lumbar spine disability is the result of an injury, illness, disease, or event in active duty or ACTDUTRA. A detailed explanation is requested for all opinions provided. If an opinion cannot be provided without resort to speculation, provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be rendered. 4. Also, schedule the Veteran for a new VA examination with a physician (VA examiner) to determine the etiology of his lipomas. The VA examiner must review the claims file and must note that review in the report. A copy of this REMAND must be made available to the VA examiner. The VA examiner must undertake the following: a. Opine whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s lipomas is the result of an injury, illness, disease, or event in active duty or ACTDUTRA, to include the Veteran’s service in Southwest Asia; and/or is otherwise related the Veteran’s active service or an injury or disease incurred during a verified period of ACTDUTRA. b. A detailed explanation is requested for all opinions provided. i. The VA examiner may not merely state that “the record is silent for any lipomas in service.” ii. If an opinion cannot be provided without resort to speculation, provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be rendered. M. Tenner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board V-N. Pratt 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.