Citation Nr: 22009397 Decision Date: 02/17/22 Archive Date: 02/17/22 DOCKET NO. 16-01 246 DATE: February 17, 2022 REMANDED Entitlement to service connection for a lumbar spine disability is remanded. Entitlement to service connection for a cervical spine disability is remanded. Entitlement to service connection for a shoulder disability is remanded. REASONS FOR REMAND The Veteran had active service from January 1967 to October 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from May 2011 and May 2013 rating decisions of the VA Regional Office (RO). The Board previously remanded these matters for additional development in October 2018 and March 2021. 1. Entitlement to service connection for a lumbar spine disability is remanded. 2. Entitlement to service connection for a cervical spine disability is remanded. 3. Entitlement to service connection for a shoulder disability is remanded. In November 2019, the Veteran was afforded VA examinations for his claimed lumbar spine, cervical spine, and shoulder disabilities. The Board's March 2021 remand found that the November 2019 examinations were inadequate because the examiner did not address the Veteran's statements about his symptoms. Specifically, the Board found that the examination failed to address the Veteran's statements of continuous symptoms from service until the present, including an explanation of why such symptoms were not credited. The Board found that the examiner also failed to discuss the Veteran's lay statements regarding experiencing back and shoulder pain after a missile caused the ship he was serving on to rock back and forth, as well as spending several months of manually moving heavy equipment while on active duty service. See February and October 2014 correspondence. The Board remanded the claims for a new examination. In June 2021, the Veteran contacted the RO and advised that he was unable to attend his VA examinations due to chemotherapy treatments. As such, the case was sent back to the Board without obtaining an examination. Although the Veteran is unable to attend an examination at this time, an addendum opinion should be obtained from a VA examiner. The matters are REMANDED for the following action: 1. Obtain an addendum opinion from an appropriate clinician regarding the Veteran's lumbar spine, cervical spine, and shoulder disabilities. The examiner must review the claims file. 2. The examiner should address the following questions: (a) Is the Veteran's lumbar spine arthritis/ disc disease at least as likely as not related to service, including the Veteran's complaint of low back pain in service or his daily duties involving lifting, carrying, issuing, and storing supplies and material in storerooms below decks? (b) Is the Veteran's cervical spine arthritis at least as likely as not related to service, including his duties of lifting, carrying, issuing, and storing supplies and materials? (c) Is the Veteran's bilateral shoulder strain at least as likely as not related to service, including his daily duties involving lifting, carrying, issuing, and storing supplies and materials? (d) In answering these questions, the examiner should consider the Veteran's written statements dated in February 2014 and October 2014. In the October 2014 statement, the Veteran indicated that missiles hit the water near his ship, causing the ship to rock back and forth, injuring his lumbar spine. The Veteran reported that his symptoms continued after service. In the February 2014 statement, the Veteran reported that he participated in the decommissioning of the USS Hornet and the USS Coral Seas. The Veteran stated that he and other men removed heavy equipment such as file cabinets, chairs, desks, and typewriters, and loaded the items on trucks. He indicated that this took several months. The Veteran stated that he sustained injuries of his neck, shoulders, and back from continuous lifting and carrying of materials and supplies. (Continued on the next page) (e) Provide a rationale for each opinion given. If his Veteran's reports are discounted, the examiner should provide a reason for doing so. The examiner is also advised that the absence of evidence in the service treatment records is an insufficient basis, by itself, for a negative opinion Michael J. O'Connor Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Catherine Cykowski 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.