Citation Nr: 21032370 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 16-30 849 DATE: May 26, 2021 REMANDED The claim of entitlement to service connection for a low back disorder is remanded. The claim of entitlement to service connection for a right hip disorder is remanded. The claim of entitlement to service connection for a bilateral knee disorder is remanded. The claim of entitlement to service connection for bronchitis is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1985 to April 1990 and from February 1991 to June 1991. These issues come before the Board of Veterans' Appeals (Board) on appeal of a rating decision issued by a U.S. Department of Veterans Affairs (VA) Regional Office (RO). In October 2018 and July 2020, the Board remanded the claims on appeal for additional development. The case is again before the Board for appellate review. The record contains VA medical opinions addressing the claims on appeal. Another remand is warranted for additional medical inquiry. On remand, addendum medical opinions should be obtained. Moreover, additional development should be conducted into the Veteran's claim that her respiratory disorder is due to asbestos exposure during service. See VA Adjudication Procedure Manual, M21-1, Part IV, Subpart ii, Chapter 1, Section I-3 (M21). The matters are REMANDED for the following action: 1. Return the case to the examiner who provided the October 2020, December 2020, and March 2021 medical opinions regarding the low back, right hip, and bilateral knees, or to a suitable substitute, for issuance of an addendum opinion. After reviewing the claims file, the following question should be answered: Is it at least as likely as not (i.e., probability of 50 percent or more) that lower back, right hip, and/or bilateral knee disorders had their onset during service, or are related to an injury during service? In answering this question, indicate that you have considered the Veteran's lay statements regarding symptoms during and after service. This is critical. Her statements are evidence. Although she is not a medical professional, she is competent to report "observable" symptomatology such as pain and limitation of motion. As such, VA must consider her statements as evidence with regard to whether she has a current disorder, and if so, how it developed. Her statements must be considered along with the medical evidence you address in your opinions. In prior opinions, it is not clear that her statements have been considered as evidence. Further, if you still find that, based on the entirety of the record, it is unlikely that she has a right knee or hip disorder, and that it is unlikely that her back and left knee disorders relate to service, explain how, in your opinion, she has the current symptoms and/or disorders. If there is a medical basis to support or doubt the history provided by the Veteran, you should indicate this in the examination report and provide a rationale for that determination. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture. Please explain in detail any opinion provided and the supporting rationale. 2. After conducting development pursuant to the M21, return the case to the examiner who provided the October 2020 medical opinion regarding bronchitis, or to a suitable substitute, for issuance of an addendum opinion. After reviewing the claims file, the following question should be answered: Is it at least as likely as not (i.e., probability of 50 percent or more) that bronchitis had its onset during service, or is related to an event, disease, or injury during service? In answering this question, indicate that you have considered the Veteran's lay statements regarding symptoms during and after service. This is critical. Her statements are evidence. Although she is not a medical professional, she is competent to report "observable" symptomatology such as difficulty breathing. As such, VA must consider her statements as evidence with regard to the question of how her disorder developed. Her statements must be considered along with the medical evidence you address in your opinion. In prior opinions, it is not clear that her statements have been considered as evidence. Further, if you still find that, based on the entirety of the record, it is unlikely that her bronchitis relates to service, explain how, in your opinion, she developed the current disorder. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should indicate this in the examination report and provide a rationale for that determination. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture. (Continued on the next page) Please explain in detail any opinion provided and the supporting rationale. C. J. McEntee Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J.T. Massey, Associate 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.