Citation Nr: 22017632 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 15-06 500 DATE: March 25, 2022 REMANDED Entitlement to service connection for a bilateral shoulder disability is remanded. Entitlement to service connection for a bilateral knee disability is remanded. Entitlement to service connection for a bilateral hand disability is remanded. Entitlement to service connection for a neck disability is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1982 to August 1986. In July 2018, the Veteran testified at a Travel Board hearing before the undersigned Veterans Law Judge (VLJ). A copy of the transcript has been associated with the claims file. In November 2018, the Board remanded the claims on appeal to the agency of original jurisdiction (AOJ) to determine the etiology of any current disability of Veteran's shoulders, knees, hands, and neck. The Board requested a complete rationale for all opinions provided, specifically instructing the examiner to address the Veteran's lay assertions. In a March 2021 decision, the Board of Veterans' Appeals (Board), inter alia, denied the Veteran's claims of entitlement to service connection for bilateral shoulder, bilateral knee, bilateral hand, and neck disabilities. The Veteran timely appealed the Board's decision to the Court of Appeals for Veterans Claims (Court). In November 2021, the Court granted a joint motion for partial remand (JMPR) wherein the Court vacated in part the March 2021 Board decision because it erred by relying on inadequate VA examinations to adjudicate the Veteran's service connection claims. 38 U.S.C. § 5103A(d)(1); see also Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). The Court also instructed the Board to direct the AOJ to provide new VA examinations that specifically addresses the Veteran's lay assertions. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 301-04 (2008). 1. Entitlement to service connection for bilateral shoulder disability is remanded 2. Entitlement to service connection for bilateral knee disability is remanded 3. Entitlement to service connection for bilateral hand disability is remanded 4. Entitlement to service connection for neck disability is remanded In the November 2021 JMPR, the Veteran and VA's General Counsel agreed that the November 2019 VA examinations were inadequate. Specifically, they agreed that the VA examiner did not address the Veteran's lay contentions that his disabilities were related to his active service. The Veteran reported that he performed duties as a welder during active service, which he stated was a physically demanding position particularly on his joints. Instead, the VA examiner indicated that the Veteran's conditions were not etiologically-related to his service because there was no documentation of any in-service injury or pain. As the parties to the November 2021 JMR agreed that the November 2019 VA examinations are inadequate, a remand is necessary to afford the Veteran a new examination. See Nieves-Rodriguez, supra; Barr v. Nicholson, supra (when VA undertakes to provide an examination or obtain a medical opinion, it must ensure that the examination or opinion is adequate). The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination to determine the nature and etiology of any current disability of his shoulders, knees, hands, and neck. The Veteran's VA claims files and copy of the remand must be made available to the examiner for review in conjunction with the examination. The examiner is requested to provide the following opinions: (a) Whether it is at least as likely as not (a 50 percent probability or greater) that any current disability of the right or left shoulder is due to or the result of, any incident of his period of active service. (b) Whether it is at least as likely as not (a 50 percent probability or greater) that any current disability of the right or left knee is due to or the result of, any incident of his period of active service. (c) Whether it is at least as likely as not (a 50 percent probability or greater) that any current disability of the right or left hand is due to or the result of, any incident of his period of active service. (d) Whether it is at least as likely as not (a 50 percent probability or greater) that any current disability of the neck is due to or the result of, any incident of his period of active service. The examiner is advised that the Veteran is competent to report symptoms and treatment, and these lay reports must be considered when formulating the requested opinion. The examiner specifically should consider and discuss the Veteran's lay statements, to include the July 2018 Board hearing testimony, contending that he performed duties as a welder during service, which was a physically demanding position, particularly on his joints. A negative opinion should not be based on a lack of treatment records. A complete rationale for any opinion provided is requested. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Kovacs, 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.