Citation Nr: 21040461 Decision Date: 07/03/21 Archive Date: 07/03/21 DOCKET NO. 17-62 463A DATE: July 3, 2021 REMANDED Entitlement to service connection for a lower back condition, claimed as back bone spurs, is remanded. Entitlement to service connection for residuals of left total hip replacement is remanded. Entitlement to service connection for residuals of left total knee replacement is remanded. Entitlement to service connection for residuals of right total knee replacement is remanded. REASONS FOR REMAND The Veteran had active service in the United States Army from September 1978 to July 1986. In March 2021, he testified at a hearing before the undersigned Veterans Law Judge. A transcript of that hearing is included in the record. Entitlement to service connection for a lower back condition, left hip condition, and bilateral knee conditions The Board cannot make a fully-informed decision on the issues of service connection for a back condition, a left hip condition, or left knee condition, because no VA examiner has opined whether these conditions began during service or are otherwise related to any in-service injury, event, or disease. Because the Veteran's medical records show he has conditions that could qualify as disabilities for each of these claims, a remand is required to obtain VA opinions on each issue. See McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). In November 2017, a VA examiner reviewed the evidence of record without examining the Veteran and opined that his right total knee replacement was less likely than not related to service. However, this examiner did not have the opportunity to review the Veteran's lay testimony at his March 2021 Board hearing regarding onset of symtoms close to when he left service. The November 2017 VA examiner's opinion is therefore inadequate to support a Board decision. A new examination and opinionbased on full review of the record and supported by stated rationaleis needed to fairly resolve the appellant's claims. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159; McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination for his lumbar spine. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinions below. The examiner is asked to provide a response to the following: Does the Veteran have bone spurs or any other low back condition which is at least as likely as not related to service? If arthritis is diagnosed, is it at least as likely as not that the arthritis (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? Provide a rationale to support each opinion. In providing the requested opinions, 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. Stated another way, do the Veteran's reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran's reports generally inconsistent with medical knowledge or implausible? 2. Schedule the Veteran for a VA examination for his left hip, status-post total hip replacement. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinions below. The examiner is asked to provide a response to the following: Does the Veteran have a left condition which is at least as likely as not related to service? If arthritis is diagnosed, is it at least as likely as not that the arthritis (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? Provide a rationale to support each opinion. In providing the requested opinions, 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. Stated another way, do the Veteran's reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran's reports generally inconsistent with medical knowledge or implausible? 3. Schedule the Veteran for a VA examination for his knees, both status-post total knee replacement. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinions below. For each knee, the examiner is asked to provide a response to the following: Does the Veteran have a knee condition which is at least as likely as not related to service? If arthritis is diagnosed, is it at least as likely as not that the arthritis (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? Provide a rationale to support each opinion. In providing the requested opinions, 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. Stated another way, do the Veteran's reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran's reports generally inconsistent with medical knowledge or implausible? After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. If any benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Zimmerman, Micah 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.