Citation Nr: 21024451 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 15-45 910 DATE: April 22, 2021 REFERRED Entitlement to service connection for rheumatoid arthritis has been raised by the record but has not been adjudicated by the agency of original jurisdiction (AOJ). Thus, the Board does not have jurisdiction over it, and it is referred to the AOJ for initial adjudication. ORDER The application to reopen the claim for service connection for a low back disorder is granted. REMANDED The claim for service connection for a low back disorder is remanded. The claim for service connection for a right knee disorder is remanded. The claim for service connection for a left knee disorder is remanded. The claim for service connection for carpal tunnel syndrome is remanded. The claim for service connection for a right shoulder disorder is remanded. The claim for service connection for tremors of the right hand is remanded. FINDING OF FACT A December 1972 rating decision denied a claim for service connection for a low back disorder. The evidence received subsequent to the appeal period includes evidence that is not cumulative or redundant of the evidence previously of record and that relates to an unestablished fact necessary to substantiate the claim. CONCLUSION OF LAW New and material evidence to reopen the claim of entitlement to service connection for a low back disorder has been presented. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from January 1971 to October 1972. In December 2020, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the proceeding is of record. Application to reopen A claim for service connection for a low back disorder was denied in a December 1972 rating decision. The claim was denied because the evidence did not show a chronic low back disorder was present in or resulted from service. The Veteran was notified of the decision and did not appeal within the appeal period or submit pertinent evidence within the appeal period. In connection with the Veteran’s claim to reopen, evidence has been added to the record, which indicates that the Veteran had lumbar stenosis. The Board finds that new and material evidence has been received sufficient to reopen the previously denied claim. 38 C.F.R. § 3.156(a); Shade v. Shinseki, 24 Vet. App. 110, 117-18 (2010); Justus v. Principi, 3 Vet. App. 510, 513 (1992). REASONS FOR REMAND Review of the record indicates that there are outstanding treatment records, including those scanned into “Vista Imaging.” These must be associated with the record. Additionally, the Board notes that the VA opinions indicate that multiple claimed symptoms are due to rheumatoid arthritis. The Board finds a claim for service connection for rheumatoid arthritis has been raised and should be developed as it is interrelated with these claims. Finally, in light of the need for remand, the Board finds the record would benefit if the Veteran underwent VA examinations to determine whether any claimed disorder is related to service. The matters are REMANDED for the following action: 1. Undertake appropriate development to associate with the record the outstanding treatment records, including those scanned into VISTA and those associated with treatment in Texas. 2. Afford the Veteran appropriate VA examination/s to determine the etiology of the reported low back, knee, and right shoulder disorders. All pertinent evidence of record must be made available to and reviewed by the examiner. For any diagnosed orthopedic disorder, the examiner should state an opinion as to whether there is a 50 percent or greater probability that the disorder was incurred in active service (i.e. active duty or active duty for training) or is etiologically related to service. The examiner must provide the rationale for all opinions with consideration of the Veteran’s histories. If the examiner is unable to provide any required opinion, the examiner should explain why. If the examiner cannot provide an opinion without resorting to mere speculation, a complete explanation as to why this is so should be provided. If the inability to provide a more definitive opinion is the result of a need for additional information, the additional information that is needed should be identified. 3. Afford the Veteran appropriate VA examination/s to determine the etiology of the reported carpal tunnel syndrome and tremor. All pertinent evidence of record must be made available to and reviewed by the examiner. For any diagnosed disorder, the examiner should state an opinion as to whether there is a 50 percent or greater probability that the disorder was incurred in active service (i.e. active duty or active duty for training) or is etiologically related to service. The examiner must provide the rationale for all opinions with consideration of the Veteran’s histories. If the examiner is unable to provide any required opinion, the examiner should explain why. If the examiner cannot provide an opinion without resorting to mere speculation, a complete explanation as to why this is so should be provided. If the inability to provide a more definitive opinion is the result of a need for additional information, the additional information that is needed should be identified. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Snyder, 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.