Citation Nr: 21027918 Decision Date: 05/07/21 Archive Date: 05/07/21 DOCKET NO. 11-32 893 DATE: May 7, 2021 REMANDED Entitlement to service connection for a right knee disorder is remanded. Entitlement to service connection for a left knee disorder is remanded. Entitlement to service connection for a back disorder is remanded. Entitlement to service connection for a right lower extremity neurological disorder is remanded. Entitlement to service connection for a left lower extremity neurological disorder is remanded. Entitlement to service connection for a left shoulder disorder is remanded. REASONS FOR REMAND The Veteran had active military service from March 1967 to August 1971. He testified at a May 2015 hearing before a Veterans Law Judge (VLJ) who has since left the Board of Veterans' Appeals (Board), and before the undersigned VLJ during an October 2017 hearing. This matter is on appeal from a March 2011 rating decision. The case was remanded by the Board in August 2015, August 2017, and February 2018, and then denied in an April 2020 decision. The Veteran appealed the Board's denial of these issues to the United States Court of Appeals for Veterans Claims (Court). In an Order dated in January 2021, the Court granted a Joint Motion for Partial Remand (JMPR) by the Veteran and VA General Counsel, which was incorporated by reference, to vacate the Board's decision and remand the case for readjudication in accordance with the JMPR. 1. Entitlement to service connection for a right knee disorder is remanded. 2. Entitlement to service connection for a left knee disorder is remanded. The Board cannot make a fully-informed decision on the issues of service connection for bilateral knee disorders because no VA examiner has provided an adequate opinion that addresses the Veteran's assertions. The most recent VA examination was in July 2019. The examiner opined that the Veteran's knee disorders were not related to service. The reasoning included that there was no evidence of chronicity of care. The examiner did not address the Veteran's reports of symptoms that began in service and continued after service. Remand for a new medical opinion is necessary. 3. Entitlement to service connection for a back disorder is remanded. The Board cannot make a fully-informed decision on the issue of service connection for a back disorder because no VA examiner has provided an adequate opinion that addresses the Veteran's assertions. The most recent VA examination was in July 2019. The examiner opined that the Veteran's back disorder was not related to service. The reasoning included that there was no evidence of chronicity of care. The examiner did not address the Veteran's reports of symptoms that began in service and continued after service. Remand for a new medical opinion is necessary. 4. Entitlement to service connection for a right lower extremity neurological disorder is remanded. 5. Entitlement to service connection for a left lower extremity neurological disorder is remanded. The July 2019 VA back examination shows that the bilateral lower extremity neurological disorders are related to his back disorder. These issues must also be remanded since the claim for service connection for a back disorder is being remanded. 6. Entitlement to service connection for a left shoulder disorder is remanded. The Board cannot make a fully-informed decision on the issue of service connection for a left shoulder disorder because no VA examiner has provided an adequate opinion that addresses the Veteran's assertions. The most recent VA examination was in July 2019. The examiner opined that the Veteran's left shoulder disorder was not related to service. The reasoning included that there was no evidence of chronicity of care. The examiner did not address the Veteran's reports of symptoms that began in service and continued after service. Remand for a new medical opinion is necessary. The matters are REMANDED for the following action: 1. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all records identified by the Veteran, including any outstanding VA treatment records. 2. Obtain addendum medical opinions from the July 2019 VA knee and lower leg conditions, back conditions, and shoulder and arm conditions examiner (or, if unavailable, from a medical professional with appropriate expertise) to determine the etiology of the diagnosed bilateral knee, back, and left shoulder disorders. The examiner is requested to review the record and offer an opinion as to whether it is at least as likely as not (i.e., probability of approximately 50 percent) that the diagnosed bilateral knee, back, and left shoulder disorders are related to the Veteran's military service. The examiner must consider the Veteran's reports of ongoing pain since service after injuries incurred making jumps as a paratrooper, and during a fall from a helicopter in 1969. The examiner is reminded that the Veteran is competent to report having pain since service without corroborating evidence. The examiner is also reminded that the absence of "chronicity of care," in and of itself, is not a valid basis for a negative medical conclusion. A complete rationale must be given for all opinions and conclusions expressed. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Barstow, 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.