Citation Nr: 21039705 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 16-19 628 DATE: July 1, 2021 REMANDED Entitlement to service connection for a bilateral shoulder disability is remanded. Entitlement to service connection for a cervical spine disability is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1967 to November 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2015 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). These issues were previously remanded in July 2019 for additional development. That development has been accomplished and these issues are back before the Board. The Board regrets that a second remand is necessary. 1. Entitlement to service connection for a bilateral shoulder disability 2. Entitlement to service connection for a cervical spine disability The Veteran seeks service connection for disabilities of the bilateral shoulders and cervical spine. He asserts he initially injured his neck and shoulders during active duty service while undergoing airborne training. In the alternative, he asserts cervical spine and bilateral shoulder disabilities are due to or aggravated by a service-connected disability or disabilities. Review of the Veteran's service personnel records confirms that he was awarded the Parachutist's Badge during service. In the prior July 2019 remand order, the Board requested the Veteran be afforded VA examinations and opinions regarding any alleged nexus between the claimed cervical spine and bilateral shoulder disabilities and a service-connected disability or disabilities. While the Veteran was afforded the requested VA examinations and opinions in December 2019, the examiner did not address the question of a nexus between the claimed disabilities and the service-connected right knee disability. When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). Thus, based on the above, remand is required to correct this deficiency. Additionally, during the pendency of this appeal, the Veteran has been granted, within a March 2017 rating decision, service connection for osteoarthritis of the right knee. He and his representative have asserted that his right knee disability has caused him to fall on numerous occasions, resulting in or aggravating disabilities of the cervical spine and bilateral shoulders. This contention must also be addressed. The matters are REMANDED for the following action: 1. Forward the Veteran's claims file to an appropriate expert in orthopedic disabilities. The examiner must review the claims file, but the Veteran need not be scheduled for personal examination unless such examination is considered necessary by the examiner. The examiner is reminded the Veteran has been granted service connection for a lumbosacral strain with degenerative disc disease; radiculopathy of the bilateral lower extremities; tinnitus; bilateral hearing loss, and; osteoarthritis of the right knee. After review of the file, the examiner is asked to provide a response to the following: a) Is a current bilateral shoulder disability at least as likely as not proximately due to a service-connected disability or disabilities, to include a fall or falls resulting from a right knee disability? b) Is a current bilateral shoulder disability at least as likely as not aggravated, i.e., worsened beyond its natural progression by a service-connected disability or disabilities, to include a fall or falls resulting from a right knee disability? c) Is a current cervical spine disability at least as likely as not proximately due to a service-connected disability or disabilities, to include a fall or falls resulting from a right knee disability? d) Is a current cervical spine disability at least as likely as not aggravated, i.e., worsened beyond its natural progression by a service-connected disability or disabilities, to include a fall or falls resulting from a right knee disability? A complete rationale to support the opinions requested is appreciated. In providing the requested opinion, consider the Veteran's description of his in-service injury and symptoms as well as his post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran's reported injury and symptoms in service and thereafter represented the onset of his current disability, this should be noted. 2. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran's pending claims in light of any additional evidence added to the record. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. B. G. LeMoine Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Thomas D. Jones, 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.