Citation Nr: 21029533 Decision Date: 05/13/21 Archive Date: 05/13/21 DOCKET NO. 14-44 247 DATE: May 13, 2021 REMANDED A compensable rating from July 7, 2013, and a rating higher than 10 percent from September 3, 20202, for right eye status post cataract removal is remanded. Service connection for a right shoulder disability is remanded. Service connection for a lumbar spine disability is remanded. Service condition for a left hip disability is remanded. Service connection for a right hip disability is remanded. Service connection for a right ankle disability is remanded. Service connection for bilateral flatfoot is remanded. Service connection for bilateral plantar fasciitis is remanded. Service connection for bilateral shin splints is remanded. Service connection for a left ankle disability is remanded. Service connection for tinnitus is remanded. Service connection for sinusitis is remanded. Service connection for pseudofolliculitis barbae is remanded. Service connection for dermatitis is remanded. Service connection for a left knee disability is remanded. Service connection for a right knee disability is remanded. Service connection for a respiratory condition is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1992 to December 1995. This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In August 2018, the Board denied the claims for service connection for a right shoulder disability, lumbar disability, bilateral hip disabilities, right ankle disability, bilateral flatfoot, and bilateral plantar fasciitis, and an increased rating for an eye disability. The Veteran timely appealed to the United States Court of Appeals for Veterans Claims (Court). In June 2019, the Court issued an Order pursuant to a Joint Motion for Partial Remand, vacating the Board's decision and remanding the case for action consistent with the Joint Motion. Increased rating for right eye disability The Veteran contends that a higher rating is warranted for right eye status post traumatic cataract removal. At a March 2014 VA examination, the examiner noted that there was a visual defect, however, proceeded to indicate "no" to the presence of contraction of a visual field, loss of visual field or scotoma. The accompanying visual field charts indicate contraction of visual fields. At the most recent VA examination in September 2020, the examiner noted no visual defect. Similarly, the accompanying visual field charts indicated possible contraction of visual fields. The Board finds that remand is necessary to obtain a clarification from the examiner regarding whether there is actually a visual defect, and if so, if that defect is related to the service-connected eye disability. Service connection for right shoulder disability, lumbar spine disability, left hip disability, right hip disability, right ankle disability, bilateral flatfoot, and bilateral plantar fasciitis The Veteran underwent examination for the above listed disabilities in July and September 2020. The VA examiner opined that the disabilities were not related to service as, despite the Veteran's claims that the disabilities began in service, there was a gap between service and diagnosis was found by the examiner in the file. However, the Board finds that this rationale is inadequate. Remand is necessary to obtain an opinion regarding nexus which addresses all evidence of record, including lay statements of the Veteran, regarding the relationship between the disabilities and service. Service connection for bilateral shin splints, left ankle disability, tinnitus, sinusitis, pseudofolliculitis barbae, dermatitis, left knee disability, right knee disability, and respiratory condition The above listed issues were remanded by the Board in an August 2018 decision. No subsequent decision or action was taken regarding the issues after the Board remanded the claims. On remand, the RO should continue development and adjudication actions. The matters are REMANDED for the following action: 1. Associate any pertinent VA or private medical records that are not already of record with the claims file. 2. Complete the development requested in the August 2018 Board decision regarding the issues of service connection for bilateral shin splints, a left ankle disability, tinnitus, sinusitis, dermatitis, pseudofolliculitis barbae, left knee disability, right knee disability and a respiratory condition. Issue rating decisions and/or supplemental statements of the case, as appropriate. Then, return the claims to the Board. 3. Obtain an addendum from a qualified medical examiner regarding the Veteran's service-connected eye disability. Specifically, the examiner should address what visual defect may have been identified by the March 2014 VA examination report. The examiner is asked to discuss the results as found on the visual field charts accompany both March 2014 and September 2020 VA examination reports. If contraction of visual fields (or any other visual field defect) is found, the examiner should opine whether it is at least as likely as not (50 percent or greater probability) that any visual defect found is attributable to the service-connected eye disability. (Continued on the next page) 4. Obtain addendum nexus opinions regarding service connection for a right shoulder disability, lumbar disability, bilateral hip disability, right ankle disability, bilateral flatfoot, and bilateral plantar fasciitis. The examiner must review the claims file, including previous VA examinations, and should note that review in the report. The examiner should opine as to whether it is at least as likely not (50 percent or greater probability) that any above-listed disability had its onset in service or is otherwise related to service. A rationale for the opinions must be provided. The Veteran's lay statements regarding the origin of his disabilities should be documented and considered. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Ahmad, 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.