Citation Nr: 21032808 Decision Date: 05/28/21 Archive Date: 05/28/21 DOCKET NO. 19-26 276 DATE: May 28, 2021 REMANDED 1. Entitlement to service connection for low back pain is remanded. 2. Entitlement to service connection for right shoulder pain is remanded. 3. Entitlement to service connection for neck pain is remanded. REASONS FOR REMAND The Veteran had active service from June 1966 to May 1968. These matters come to the Board on appeal from an August 2018 Regional Office (RO) decision. The Veteran was scheduled for a Board hearing in May 2021, but withdrew his request in an April 2021 correspondence. 1. Entitlement to service connection for low back pain is remanded. 2. Entitlement to service connection for right shoulder pain is remanded. 3. Entitlement to service connection for neck pain is remanded. Under 38 U.S.C. § 5103A (d), VA must provide a medical examination and/or obtain a medical opinion when there is: (1) competent evidence that the veteran has a current disability (or persistent or recurrent symptoms of a disability); (2) evidence establishing that an event, injury or disease occurred in service; (3) an indication that the current disability or symptoms may be associated with service; and (4) there is not sufficient medical evidence to make a decision on the claim. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). The third prong, which requires that the evidence of record "indicate" that the claimed disability or symptoms "may be" associated with the established event, is a low threshold. Id. The Veteran contends that his neck, back, and shoulder hurts regularly. He believes that the pain is attributable to his in-service duties. Specifically, he contends that he had to load and unload ammunition onto large trucks. He states that the boxes were often nearly as heavy as him, and he was only 120 lbs. at the time. The record shows that the Veteran has a current low back disability, diagnosed as degenerative disc disease, scoliosis, and facet arthropathy. The record also shows a right shoulder strain, noted as part of an old injury, but reported as aggravated by helping his daughter move furniture. With regard to neck pain, the record does not show a diagnosed neck condition. However, the Veteran is considered competent to report pain, although not to attribute it to a specific etiology. The Board finds that the first prong of McLendon is met with respect to the three claimed disabilities. With regard to the second prong, the Board finds that the Veteran's reports are consistent with the nature and circumstances of his service, as his military occupational specialty is listed as ammunition storage specialist in his service personnel records. The Board finds that it is likely he had to lift heavy boxes of ammunition. With regard to the third prong, the Board again notes that it is a low threshold. The Board finds that despite no evidence of complaints for any of the claimed disabilities in service, the record is sufficient to indicate that the Veteran's disabilities may be due to his in-service duties, as he claimed to have only done indoor work after service, and the shoulder injury is listed as old. The Veteran has also requested examinations for the claimed disabilities. As the record does not contain a competent medical opinion with regard to the etiology of the claimed conditions, the criteria for an examination and opinion under McLendon are met, and remand is warranted. The matters are REMANDED for the following action: 1. Schedule the Veteran for VA examinations to determine the nature and etiology of any diagnosed back, neck, and shoulder disabilities. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner(s) must opine as to: a) Whether it is at least as likely as not (50 percent or greater probability) that any current low back disability was incurred in or caused by service. b) Whether it is at least as likely as not (50 percent or greater probability) that any current right shoulder disability was incurred in or caused by service. c) Whether it is at least as likely as not (50 percent or greater probability) that any current neck disability was incurred in or caused by service. (Continued on the next page) The examiner(s) must consider the Veteran's lay statements as to onset and continuity, and must address his contention that his heavy lifting in service caused his current pain. A complete rationale must accompany any conclusion reached, with use of medical principles when possible. 2. After completion of the above, review the expanded record and determine whether the benefits sought may be granted. If any issue on appeal remains denied, furnish the Veteran and his representative with a supplemental statement of the case. A reasonable period should be allowed for response before the appeal is returned to the Board. Thomas H. O'Shay Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Baker, 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.