Citation Nr: 21042076 Decision Date: 07/11/21 Archive Date: 07/11/21 DOCKET NO. 19-05 729 DATE: July 11, 2021 REMANDED Entitlement to service connection for arthritis (claimed as bone loss) is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1965 to January 1969, to include service in the Republic of Vietnam. The Veteran testified at a Board hearing before the undersigned in May 2021. A transcript of the hearing is associated with the claims file. The Board notes that the Veteran submitted a claim for a disability manifested by "bone loss" in July 2017. During the Veteran's hearing, he argued that his claim is for osteoarthritis of multiple joints, which he believes has manifested in part through bone loss; therefore, the Board will broadly construe the issue of service connection for bone loss as a claim for service connection for arthritis (claimed as bone loss). Clemons v. Shinseki, 23 Vet. App. 1, 6 (2009) (holding that the Board must consider any disability that "may reasonably be encompassed by" the description of the claim and symptoms and other submitted information). 1. Entitlement to service connection for arthritis (claimed as bone loss) is remanded. The Veteran contends that he suffers from arthritis in multiple joints of his body due to exposure to chemicals such as herbicide agents during his period of service. The Board notes that the Veteran's DD-214 and personnel records confirm service in the Republic of Vietnam and his exposure to herbicide agents during his period of service is conceded. While the Veteran stated in his January 2019 VA Form 9 that he has been informed by a physician that his arthritis is probably due to his in-service exposure to herbicide agents and/or chemicals, the Board notes that such an opinion has not been associated with claims file. Further, it is unclear what other chemicals in-service or post-service the physician may have been discussing. The Veteran stated during his hearing that his primary work after service was pest control. The Board finds that a medical opinion should be obtained regarding the etiology of the Veteran's arthritis. See McLendon v. Nicholson, 20 Vet. App. 79 (2006); see also 38 C.F.R. § 3.159 (c)(4)(iii). The matters are REMANDED for the following action: Schedule an examination to determine the etiology of the Veteran's osteoarthritis. The examiner must report review of the claims file. The examiner is asked to opine as to the following: a) Whether it is at least as likely as not (50 percent or greater probability) that any arthritis, or disability manifested by bone loss, was incurred in, or otherwise caused by, the Veteran's active service, to include his conceded exposure to herbicide agents. A complete rationale for all opinions must be provided. In providing the requested opinions, the examiner must address the Veteran's lay assertions. Lay statements of record cannot be disregarded solely due to lack of contemporaneous medical evidence. The examiner should note that, although arthritis is not presumptively related to herbicide agent exposure, this presumption does not bar the finding of a direct etiological relationship. The examiner may not state that it is less likely as not that the Veteran's arthritis is related to active duty service because it is not a presumptive condition of exposure to herbicide agents. If the examiner cannot provide the requested opinion without resorting to speculation, it must be so stated, and the examiner must provide a rationale for this determination. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P.M. Johnson, 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.