Citation Nr: 21029086 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 17-42 652 DATE: May 12, 2021 REMANDED Entitlement to service connection for a low back disorder is remanded. Entitlement to service connection for a neck disorder is remanded. Entitlement to service connection for a heart disorder, to include as due to environmental toxins and asbestos exposure, is remanded. Entitlement to service connection for bladder cancer, to include as due to environmental toxins and asbestos exposure, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from February 1969 to December 1971, followed by service in the Navy Reserve. The Veteran testified at a February 2020 Board videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file. In a March 2020 Board decision, the Board denied the above issues. The Veteran appealed the Board decision to the United States Court of Veterans Appeals (Court). In a January 2021 Court order, the Court issued a Joint Motion for Remand (JMR) to the issues and vacated the March 2020 Board decision. The issues are returned to the Board for appellate review. Remand is required to obtain VA treatment records, Social Security Administration (SSA) records, and private treatment records. It is necessary to ensure that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim, including making reasonable efforts to obtain relevant private medical records. 38 C.F.R. § 3.159(c)(1). Remand is also required to obtain an addendum VA opinion, or a new VA examination if necessary. When VA undertakes to obtain an opinion, it must ensure that the opinion is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). A medical opinion is considered adequate "where it is based on consideration of the veteran's prior medical history and examinations and also describes the disability, if any, in sufficient detail so that the Board's evaluation of the claimed disability will be a fully informed one." Stefl v. Nicholson, 21 Vet. App. 120, 123 (2007). 1. Entitlement to service connection for a low back disorder is remanded. 2. Entitlement to service connection for a neck disorder is remanded. The Veteran indicated there are outstanding chiropractic records from VA and private treatment providers related to his low back disorder and neck disorder. Also, the May 2015 and November 2015 VA examiners failed to adequately address lay evidence of continuity. In the August 1977 service treatment record (STR) report of medical history, the Veteran reported that he experienced recurrent back pain while in the Reserves. In an August 2014 statement, the Veteran stated that his back and neck disorders have been painful since service. Therefore, remand is necessary to obtain an addendum VA opinion, or a new VA examination if necessary, for the low back disorder and neck disorder. 3. Entitlement to service connection for a heart disorder, to include as due to environmental toxins and asbestos exposure, is remanded. Here, the Veteran indicated that there are outstanding private treatment records and SSA records relevant to his heart disorder. Therefore, remand is necessary to obtain outstanding treatment records and to obtain an addendum VA opinion, or a new VA examination if necessary. 4. Entitlement to service connection for bladder cancer, to include as due to environmental toxins and asbestos exposure, is remanded. Here, the Veteran states there are outstanding VA and private treatment records related to his bladder cancer. Therefore, remand is necessary to obtain outstanding treatment records and to obtain an addendum VA opinion, or a new VA examination if necessary. The matters are REMANDED for the following action: 1. Contact the Veteran and afford him the opportunity to identify by name, address and dates of treatment or examination of any relevant medical records. Specifically, request records from Columbia Medical Center and St. Luke's-Roosevelt Hospital. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. 2. Obtain all outstanding VA treatment records, to include records from Manhattan VA Medical Center and Bronx VA Medical Center. 3. Obtain the Veteran's federal records from SSA. Document all requests for information as well as all responses in the claims file. 4. After completing the above records development, obtain an addendum VA opinion, or a new VA examination if necessary, from an appropriate clinician to determine the nature and etiology of the Veteran's low back disorder. The examiner must opine as to whether the disability is at least as likely as not related to an in-service injury, event, or disease, to include jumping out of helicopters with full packs and field gear. The examiner must address the Veteran's statements of continuity of symptoms since service in the context of any negative opinion. Also, the examiner must address the August 2015 VA treatment letter stating the Veteran's low back disorder is caused by service in the context of any negative opinion. 5. After completing the above records development, obtain a VA examination or addendum opinion from an appropriate clinician to determine the nature and etiology of the Veteran's neck disorder. The examiner must opine as to whether the disability is at least as likely as not related to an in-service injury, event, or disease, to include jumping out of helicopters with full packs and field gear. The examiner must address the Veteran's statements of continuity of symptoms since service in the context of any negative opinion. 6. After completing the above records development, obtain an addendum VA opinion, or a new VA examination if necessary, from an appropriate clinician to determine the nature and etiology of the Veteran's heart disorder. The examiner must opine as to whether the disability is at least as likely as not related to an in-service injury, event, or disease, to include exposure to environmental toxins and asbestos. The examiner must address any statements by the Veteran regarding onset or continuity of symptoms since service in the context of any negative opinion. 7. After completing the above records development, obtain an addendum VA opinion, or a new VA examination if necessary, from an appropriate clinician to determine the nature and etiology of the Veteran's bladder cancer. The examiner must opine as to whether the disability is at least as likely as not related to an in-service injury, event, or disease, to include exposure to environmental toxins and asbestos. The examiner must address any statements by the Veteran regarding onset or continuity of symptoms since service in the context of any negative opinion. Also, the examiner must address the March 2015 VA treatment letter stating the Veteran's bladder disorder is related to service in the context of any negative opinion. Caroline B. Fleming Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Thompson, Melanie 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.