Citation Nr: 22011972 Decision Date: 03/02/22 Archive Date: 03/02/22 DOCKET NO. 16-11 373 DATE: March 2, 2022 REMANDED Entitlement to service connection for a left 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. Entitlement to service connection for a left foot disability is remanded. Entitlement to service connection for a right foot disability is remanded. Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1983 to June 1986. This matter came before the Board of Veterans Appeals (Board) on appeal from September 2013 and August 2014 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). In the March 2016 VA Form 9, the Veteran requested a Board hearing. Hearings were scheduled in December 2018, April 2020, July 2020, and July 2021 and were postponed on each occasion. Another hearing was then scheduled in November 2021, however the record shows that the Veteran did not report for the scheduled hearing, submit a request to reschedule the hearing, or submit good cause for missing the scheduled hearing. The Board will therefore proceed to adjudicate the appeal based on the evidence of record. 1. Entitlement to service connection for a left shoulder disability is remanded. 2. Entitlement to service connection for a left knee disability is remanded. 3. Entitlement to service connection for a right knee disability is remanded. 4. Entitlement to service connection for a left foot disability is remanded. 5. Entitlement to service connection for a right foot disability is remanded. The Veteran contends that his left shoulder, bilateral knee, and bilateral foot disabilities are due to parachute jumps in service. VA examinations shoulder, knee and foot examinations were provided in September 2013. The Veteran reported shoulder dislocations, knee pain and foot pain since service when parachuting with the 82nd Airborne Division and indicated that he believed his disabilities were due to that activities. With regards to each of the claimed disabilities, the examiner stated that service medical records did not show problems and that in the absence of "better documentation" it was less likely than not that the current disabilities were related to service. The Board finds that the opinions are inadequate as they disregarded the Veteran's lay statements regarding the onset of his symptoms merely because they are unaccompanied by contemporaneous medical evidence. Buchanan v. Nicholson, 451 F.3d 1331, 133637 (Fed. Cir. 2006). Remand for new examinations is therefore required. While the Veteran's DD-214 does not document a parachutist badge, his military personnel records do show completion of the basic airborne course at Fort Benning and subsequent assignment to the 82nd Airborne Division at Fort Bragg. Upon remand, the examiner should therefore discuss whether the Veteran's current disabilities are due to airborne duties, including parachute jumps. Evidence indicates that there may be outstanding relevant VA treatment records. While the record shows the Veteran received ongoing VA treatment, the most recent VA treatment records in the claim file date from January 2016. Any VA treatment records are within VA's constructive possession, and are considered potentially relevant to the issues on appeal. A remand is required to allow VA to obtain them. 6. Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. The Board notes that outstanding VA treatment records have been requested as part of the required development for the Veteran's musculoskeletal disabilities. As the records are considered potentially relevant to the issues on appeal, this issue must also be remanded. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from January 2016 to the Present. 2. Schedule the Veteran for an appropriate VA examination, to determine the etiology of any current left shoulder, left and right knee and left and right foot disabilities. The examiner should review the file and provide a complete rationale for all opinions expressed. For any current left shoulder, left and right knee and left and right foot disabilities disability found to be diagnosed, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any such disability is related to the Veteran's active service, to include parachute jumps while serving with an airborne division. In providing the opinion, the examiner should consider and discuss any lay statements of record, to include the Veteran's statements regarding the onset and persistence of his symptoms. 3. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Arnold 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.