Citation Nr: 21042505
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 16-36 713
DATE: July 13, 2021

REMANDED

Entitlement to service connection for a left shoulder disability is remanded. 

Entitlement to service connection for a right shoulder disability is remanded. 

Entitlement to service connection for a left knee disability is remanded. 

Entitlement to service connection for a right knee disability is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from February 1968 to February 1970. 

The Board previously remanded this matter in June 2019. As will be discussed below, there has still not been substantial compliance with the remand directives, and thus, another remand is needed before the Board can adjudicate the issues on appeal.  Stegall v. West, 11 Vet. App. 268 (1998).

The Veteran generally contends that he is entitled to service connection for his bilateral knee and shoulder disabilities as due to service.  At his December 2019 VA examination, he reported the onset of the respective disorders began in service with physical training (PT) and ruck marches with 120 pounds of gear.  Alternatively, the Veteran has also claimed during the course of the appeal that he was exposed to Agent Orange and asbestos in the barracks while in service.  

The Veteran was diagnosed with bilateral shoulder arthritis and bilateral knee arthritis. While the VA examiner restated the Veteran's contentions as to the onset of his respective disabilities, the negative opinions were based exclusively on the absence of service treatment records showing any documented complaints for knee or shoulder problems. The examiner failed to provide any independent evaluation of the Veteran's statements or weigh them against the medical evidence of record. 

An opinion based on the absence of treatment records without consideration of a Veteran's competent reports is inadequate. Dalton v. Nicholson, 21 Vet. App. 23 (2007). Remand is needed for a supplemental VA opinion that evaluates not only the medical evidence, but also the Veteran's statements concerning the onset and progression of his respective knee and shoulder disabilities.

The matters are REMANDED for the following actions: 

Obtain addendum opinions from an appropriate clinician  preferably an orthopedic surgeon  regarding whether the Veteran's diagnosed bilateral knee and shoulder arthritis at least as likely as not was incurred in or otherwise related to active duty service. In providing these opinions, the examiner is asked to evaluate not only the medical evidence of record, but also the Veteran's lay statements concerning the onset and progression of his diagnosed knee and shoulder disabilities. A complete rationale must be provided for all opinions.

 

 

J. Komperda

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Wade

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.