Citation Nr: 1032677 Decision Date: 08/30/10 Archive Date: 09/08/10 DOCKET NO. 04-12 427 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES 1. Entitlement to service connection for a left shoulder disorder. 2. Entitlement to service connection for a left hand disorder. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD H. E. Costas, Counsel INTRODUCTION The Veteran had active military service from July 1982 to July 2002. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2002 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee. In February 2008, the matter was remanded for additional evidentiary and procedural development. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND Unfortunately, the Board finds that this matter must again be remanded because in July 2010 written argument, following certification to the Board, the Veteran's representative raised the issue of entitlement to service connection for joint pains of the left shoulder and left hand under the provisions of 38 U.S.C.A. § 1117 (West 2002) and 38 C.F.R. § 3.317 (2009). Although the Veteran has not alleged that she served in the Southwest Asia Theater of operations during the Persian Gulf War, her service personnel records have not been associated with the claims folder. As a federal record, the Board finds that the RO should attempt to obtain the Veteran's service personnel records because this impacts directly on the adjudication of her claims. Further, if service in the Southwest Asia theater of operations during the Persian Gulf War is confirmed, the Veteran's claims should be considered under the provisions of 38 U.S.C.A. § 1117 and 38 C.F.R. § 3.317. With respect to the Veteran's claim for service connection for a left shoulder disorder, in February 2008 a VA examiner opined that her left shoulder bursitis was not related to her service- connected cervical spine disability. However, the examiner did not provide an opinion, with reasons and bases, as to why the Veteran's current left shoulder disorder is not related. Accordingly, an additional VA examination would be helpful in the adjudication of the claim. 38 U.S.C.A. § 5103A; 38 § C.F.R. § 3.159. Accordingly, the case is REMANDED for the following action: 1. The RO should associate the Veteran's service personnel records with the claims folder. 2. The Veteran should be afforded an appropriate VA examination to ascertain the nature and etiology of any current left shoulder found to be present. The claims folder should be made available and reviewed by the examiner. Any testing should also be conducted at that time if deemed necessary by the examiner and the results of any testing done should be included with the findings from the VA examination. In particular, the examiner is asked to opine as to whether any left shoulder disorder is at least as likely as not related to service or to a service- connected disability, in particular heavy lifting during service. The examiner must also state whether the Veteran reports a continuity of left shoulder symptomatology since service and acknowledge such statements made by the Veteran, if any, in offering the opinion. The examiner must provide a complete rationale for any stated opinion. 3. Then, after taking any further action deemed appropriate, including an additional VA examination if service in the Persian Gulf is confirmed, the RO should readjudicate the appeal, with consideration of 38 U.S.C.A. § 1117 (West 2002) and 38 C.F.R. § 3.317 (2009), if appropriate. If any benefit sought on appeal remains denied, the Veteran and her representative should be provided a supplemental statement of the case and given an opportunity to respond. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2009). _________________________________________________ STEVEN D. REISS Acting Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).