Citation Nr: 21023261 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 15-18 041 DATE: April 20, 2021 REMANDED Entitlement to service connection for psoriasis is remanded. Entitlement to service connection for arthritis, to include arthritis of the hand, fingers, and right shoulder, is remanded. Entitlement to service connection for a back disability is remanded. REASONS FOR REMAND The Veteran served active duty in the United States Navy from April 1969 to July 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes the Veteran originally requested a Board hearing. However, in a September 2018 correspondence from his representative, the Veteran waived his right to a hearing and withdrew his request. The Board also notes that the matters were remanded in May 2019 for further development, which included obtaining VA examinations for the service connection claims for arthritis and psoriasis, and a medical opinion for his service connection claim for a back disability. The matters have since been returned to the Board for appellate review. Entitlement to service connection for arthritis, to include arthritis of the hand and fingers, is remanded. The Veteran has asserted that he has arthritis in his hands, shoulders, and back which are related to service. In an undated statement, the Veteran indicated that he believes the conditions were caused by his duties as an aviation mechanic in service. He stated that his symptoms began in service and he took over-the-counter medication to manage them. However, they have persisted with time and worsened so that he needs professional care. VA treatment records show that the Veteran has arthritis in his hands and right shoulder. See November 1998 treatment records. He was afforded a VA examination in connection with his service connection claim for arthritis in January 2020. At that time the examiner noted the Veteran had arthritis in his hands. However, she did not mention arthritis located in his right shoulder and did not offer an opinion as to the etiology of such. Therefore, remand of this claim is necessary for another VA examination and medical opinion. Entitlement to service connection for psoriasis is remanded. Entitlement to service connection for arthritis, to include arthritis of the hand and fingers, is remanded. Entitlement to service connection for a back disability is remanded. With reference to all of the claims on appeal, there has been additional evidence associated with the claims file since the Agency of Original Jurisdiction’s (AOJ) last adjudication. Specifically, relevant VA treatment records have been obtained by VA. These records were obtained after the most recent supplemental statement of the case (SSOC) was issued in November 2020. The AOJ has not readjudicated the claims on appeal in light of these records and did not issue another SSOC as required by 38 C.F.R. § 19.31. Additionally, there is no waiver from the Veteran or his representative waiving the AOJ’s initial consideration. As such, the claims must be remanded for the AOJ’s consideration of the new evidence. See 38 U.S.C. § 7105(e) (automatic waiver provisions). Upon consideration, the AOJ should issue the Veteran a SSOC. The matters are REMANDED for the following action: 1. The AOJ should obtain all outstanding VA treatment records to present. 2. After completing the foregoing development, the Veteran should be afforded a VA examination to determine the nature and etiology of any arthritis, including of the hands and right shoulder, that may be present. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file, including any available service treatment records, post-service medical records, and lay statements. The examiner should note that the Veteran is competent to attest to factual matters of which he has first-hand knowledge. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should state this with a fully reasoned explanation. The examiner should opine as to whether it is at least as likely as not that the Veteran has arthritis, to include in his hands and right shoulder, that manifested during service or that is otherwise causally or etiologically related to his military service, to include any symptomatology or injury therein. The Veteran has asserted that his arthritis is related to his duties as an aviation mechanic in service. (The term “at least as likely as not” does not mean within the realm of medical possibility, but rather that the medical evidence both for and against a conclusion is evenly divided that it is as medically sound to find in favor of a certain conclusion as it is to find against it.) A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of consideration assistance to the Board. Because it is important “that each disability viewed in relation to its history,” 38 C.F.R. § 4.1, copies of all pertinent records in the Veteran’s claim s file, or in the alternative, the claims file, must be made available to the examiner for review. 3. The AOJ should readjudicate the issues on appeal with consideration of all the evidence associated with the claims file. If any benefit sought on appeal remains denied, issue a SSOC and allow the appropriate time for response. Then, return the case to the Board for further appellate review. B. G. LeMoine Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K.M. Walker 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.