Citation Nr: 21021066 Decision Date: 04/09/21 Archive Date: 04/09/21 DOCKET NO. 17-48 894 DATE: April 9, 2021 REMANDED Entitlement to service connection for a left shoulder disability is remanded. Entitlement to service connection for a right knee disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from January 1984 to October 1994, to include 16 months of foreign service. For his meritorious service, the Veteran was awarded the Army Achievement Medal, among other decorations. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in December 2016 by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appeared for a hearing before the undersigned Veterans Law Judge in October 2020. A transcript of the hearing is of record. 1. Entitlement to service connection for a left shoulder disability is remanded. The Veteran contends that he is entitled to service connection for a left shoulder disability. The Veteran appeared for a VA examination in November 2016 to determine the nature and etiology of his left shoulder disability. The examiner determined that the Veteran’s disability was less likely than not related to service. The examiner explained that there was no basis for a service-related issue for his shoulder. The Board finds that the November 2016 VA medical opinion is inadequate. In providing an opinion, the examiner did not explain why the Veteran’s MOS as a paratrooper was not related to his left shoulder disability. Additionally, the Veteran is currently service connected for a lower back disability. The examiner did not opine as to whether the Veteran’s service connected back disability aggravates the Veteran’s shoulder disability beyond its natural progression. Thus, a remand is warranted for a new VA examination and medical opinion. Additionally, the Veteran’s private treating physician submitted a letter in support of the Veteran’s claim in August 2020. In the letter, the physician opined that the Veteran’s current physical ailments were related to his military service. The physician explained that this opinion was based off the Veteran’s history and examination findings. Unfortunately, this medical opinion is inadequate as it does not give adequate reasons and bases for this finding. As such, there is no adequate medical opinion of record addressing whether the Veteran’s left shoulder disability is related to his military service, or aggravated beyond its normal progression by his service connected lower back disability. Thus, a remand is warranted. 2. Entitlement to service connection for a right knee disability is remanded. The Veteran asserts that he is entitled to service connection for a right knee disability. The Veteran appeared for a VA examination in November 2016 to determine the nature and etiology of his right knee meniscal tear. The examiner determined that the Veteran’s disability was less likely than not related to service. The examiner explained that the Veteran’s right knee disability began last year and was consistent with age and carrying mail. The Board finds that the November 2016 VA medical opinion is inadequate. In providing an opinion, the examiner did not explain why the Veteran’s MOS as a paratrooper was not related to his right knee disability. Specifically, during the Veteran’s October 2020 hearing, he testified to the effect that being a paratrooper had on his knees; these lay statements were not addressed by the examiner. Additionally, the Veteran is currently service connected for a lower back disability and multiple foot disabilities. The examiner did not opine as to whether the Veteran’s service connected back disability, or foot disabilities, aggravate the Veteran’s right knee disability beyond its natural progression. Thus, a remand is warranted for a new VA examination and medical opinion. Additionally, a private treating physician submitted a letter in support of the Veteran’s claim in July 2020. The physician opined that the Veteran’s time as a paratrooper likely contributed to his right knee osteoarthritis. In August 2020, another private treating physician submitted a medical opinion in support of the Veteran’s claim. The physician opined that the Veteran’s current physical ailments were related to his military service. The physician explained that this opinion was based off the Veteran’s history and examination findings. Unfortunately, neither private medical opinion is inadequate as they do not give adequate reasons and bases for these findings. As such, there is no adequate medical opinion of record addressing whether the Veteran’s right knee disability is related to his military service, or aggravated beyond its normal progression by his service connected lower back disability and foot disabilities. Thus, a remand is warranted. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination for his left shoulder disability. The examiner must review the claims file. The examiner is asked to provide a response to the following: A) Is the Veteran’s left shoulder disability at least as likely as not related to service, including his time as a paratrooper? B) Is it at least as likely as not that any identified left shoulder disability is proximately due to, the result of, or aggravated by the Veteran’s service-connected low back disability? In providing the requested opinion, consider the Veteran’s description of any in-service injuries and symptoms as well as his post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran’s reported injury and symptoms in service and thereafter represented the onset of his current disability, this should be noted. Stated another way, do the Veteran’s reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran’s reports generally inconsistent with medical knowledge or implausible? 2. Schedule the Veteran for a VA examination for his right knee disability. The examiner must review the claims file. The examiner is asked to provide a response to the following: A) Is the Veteran’s right knee disability at least as likely as not related to service, including his time as a paratrooper? B) Is it at least as likely as not that any identified right knee disability is proximately due to, the result of, or aggravated by the Veteran’s service-connected disabilities, to include his bilateral pes planus, right foot hallux valgus, and low back disability? In providing the requested opinion, consider the Veteran’s description of any in-service injuries and symptoms as well as his post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran’s reported injury and symptoms in service and thereafter represented the onset of his current disability, this should be noted. Stated another way, do the Veteran’s reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran’s reports generally inconsistent with medical knowledge or implausible? Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. K. Hall, 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.