Citation Nr: 1323240 Decision Date: 07/22/13 Archive Date: 08/01/13 DOCKET NO. 09-21 631 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUE Entitlement to an initial rating in excess of 10 percent for rotator cuff repair, status post surgery, right shoulder. REPRESENTATION Appellant represented by: American Legion ATTORNEY FOR THE BOARD J. Chapman, Associate Counsel INTRODUCTION The appellant is a Veteran who served on active duty from December 1983 to December 1987, from October 2003 to April 2004, and from June 2004 to December 2004. This matter is before the Board of Veterans' Appeals (Board) on appeal from a February 2008 rating decision of the Nashville, Tennessee Department of Veterans Affairs (VA) Regional Office (RO), that granted service connection and assigned a 10 percent rating for the Veteran's right shoulder disability, effective September 24, 2007. An October 2008 rating decision continued the 10 percent rating. A March 2013 rating decision assigned a temporary total (100%) convalescence rating for the period from February 15, 2013 until May 31, 2013; a 10 percent rating was effective June 1, 2013. 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 The Veteran was last afforded a VA examination for his service-connected right shoulder disability in January 2008. Based in part on these findings, the Veteran was awarded a 10 percent rating due to pain on motion and weakness (functional impairment). The Veteran claims that his disability is more severe than the current rating reflects. In fact, he underwent another rotator cuff repair surgery at VA in February 2013 (which is the basis for the temporary total convalescence rating). Treatment records dated prior to that surgery are of record; however, there are no records pertaining to the surgery or after. Those records must be obtained on remand. Bell v. Derwinski, 2 Vet. App. 611 (1992). After those records are obtained, the Veteran should be afforded another VA examination to determine the current severity of the service-connected right shoulder disability. Finally, while the Veteran's dates of service are listed in the statement of the case as December 1983 to December 1987, October 2003 to April 2004, and June 2004 to December 2004, the record likewise lacks a copy of his DD-214 or other official verification of service for the period December 1983 to December 1987. Such documentation must also be obtained on remand. Accordingly, the case is REMANDED for the following actions: 1. Associate with the claims file evidence of the Veteran's service for the period December 1983 to December 1987, to include a copy of his DD-214 or similar documentation. 2. Obtain the names and addresses of all medical care providers who treated the Veteran for his right shoulder disability since February 2013. After securing the necessary release, the RO should obtain these records, including all VA treatment records. 3. After completion of the foregoing, schedule the Veteran for an appropriate VA examination to determine the severity of his service-connected right shoulder disability. The claims folder must be made available to the examiner for review. All special tests and clinical findings should be clearly reported to allow for application of VA rating criteria. Range of motion testing should be accomplished. The examiner should also report the point (in degrees) that any range of motion is limited by pain. Any additional functional loss due to weakness, fatigue, and/or incoordination should be reported, to include an estimate of any additional limitation of motion during flare-ups. The examiner should also report, after a review of the records, as to the degree of limitation in the right shoulder the Veteran experienced prior to undergoing surgery in February 2013. 4. After completion of the above and any further development deemed necessary by the AMC/RO, the issue on appeal should be readjudicated. If any benefit sought on appeal is denied, the Veteran and his representative should be furnished an appropriate supplemental statement of the case and be afforded an opportunity to respond. Thereafter, the case should be returned to the Board for further appellate review. The appellant has the right to submit additional evidence and argument on the matter 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 for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ M. E. LARKIN 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) (2012).