Citation Nr: 21042394 Decision Date: 07/12/21 Archive Date: 07/12/21 DOCKET NO. 16-63 532 DATE: July 12, 2021 REMANDED Entitlement to service connection for a left elbow disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Marine Corps from June 2009 to July 2013. This matter comes before the Board of Veterans Appeals (Board) on appeal from a March 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in February 2019 when it was remanded to the Agency of Original Jurisdiction (AOJ) for additional development. In February 2019, the Board also remanded the issues of service connection for right elbow pain, thoracic spine disability, eye condition due to a traumatic brain injury, and an increased rating for PTSD rated at 70 percent. In a May 2020 rating decision, the RO granted service connection for these issues as well as increasing the disability rating for PTSD to 100 percent, which constitutes a full award of the benefits sought on appeal. See Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997). Thus, these matters are no longer in appellate status. The Board notes the Veteran has additional claims submitted through a September 2020 VA Form 10-182 which will be addressed in a separate decision. Pursuant to the February 2019 Board remand the Veteran received a VA examination in March 2019. The examiner was to address the nature and etiology of the Veteran's left elbow disability to include the improvised explosive device (IED) blast incident he suffered in service. However, the examiner only addressed the IED blast as a potential in-service event. The Board errs when it fails to ensure substantial compliance with a Board remand. Stegall v. West, 11 Vet. App. 268, 271 (1998) Additionally, the examiner based her rationale on the absence of left elbow pain in service. However, the Veteran's service treatment records reflect complaints of joint pain all over and the Veteran initially applied for left elbow joint pain. See VA Form 526-EZ, received February 2016. A medical opinion based upon an inaccurate factual premise has no probative value. Reonal v. Brown, 5 Vet. App. 458, 461 (1993). Accordingly, remand for an addendum opinion is warranted. The matter is REMANDED for the following action: Obtain an addendum opinion to determine the nature and etiology of the Veteran's left elbow disability. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file, including a copy of this remand, the Veteran's service treatment records, post-service medical records, and statements. It should be noted that the Veteran is competent to attest to factual matters of which he had first-hand knowledge. If there is a medical basis to support or doubt the history provided by the appellant, the examiner should provide a fully reasoned explanation. After examining the Veteranif deemed necessary by the examinerand considering his pertinent medical history and lay statements regarding his reported symptoms, the examiner should opine as to: Whether it is at least as likely as not (a 50 percent probability or greater) that his left elbow disability was incurred in, aggravated by, or etiologically related to his military service including exposure to an IED blast in service. The examiner should address the Veteran's complaints of joint paint in service, and elbow pain evidenced in his VA treatment records. A clear rationale for all opinions must be provided and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. B. G. LeMoine Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Javed, 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.