Citation Nr: 1528246 Decision Date: 07/01/15 Archive Date: 07/15/15 DOCKET NO. 11-01 575 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUE Entitlement to service connection for a right shoulder condition, to include as secondary to service-connected left shoulder. REPRESENTATION Appellant represented by: Colorado Division of Veterans Affairs ATTORNEY FOR THE BOARD W. R. Stephens, Associate Counsel INTRODUCTION The Veteran served on active duty from September 1982 to September 1985. This matter is before the Board of Veterans' Appeals (Board) on appeal from a March 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado. This appeal was processed using the Veterans Benefits Management System (VBMS) processing system. Accordingly, any future consideration of this appellant's case should take into consideration the existence of this electronic record. The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ). VA will notify the appellant if further action is required. REMAND The record does not indicate that the Veteran has been afforded a VA examination in order to determine the etiology of his claimed right shoulder condition. After carefully considering the matter, the Board finds that a medical opinion is necessary in order to adjudicate the claim. McClendon v. Nicholson, 20 Vet. App. 79, 83 (2006). While service treatment records do not appear to document treatment for a right shoulder injury or relevant symptoms, the Veteran has alleged that he injured his right shoulder at the same time of his documented in-service left shoulder injury. In addition, the Veteran has alleged that his right shoulder condition is secondary to his service-connected left shoulder disability, to include having to sleep on his right shoulder as a result of his left shoulder condition. Accordingly, the case is REMANDED for the following action: 1. Send notice to the Veteran requesting that he identify any additional private or VA treatment records for his claim. Request that he forward any additional records to VA to associate with the claims file or provide VA with authorization to obtain such records. If the Veteran is receiving regular VA treatment, obtain the updated medical records and associate them with the claims file. 2. Schedule the Veteran for a VA right shoulder examination with an examiner of appropriate expertise. The claims file and a copy of this Remand must be made available to and be reviewed by the examiner in conjunction with the examination. The examination report must indicate that the claims file was reviewed in conjunction with the report. If possible, the examiner should provide a specific diagnosis for any right shoulder disability during the pendency of the appeal (from May 2008 to present). The examiner should provide a medical opinion on the etiology of any diagnosed right shoulder disability. Based on a review of the record, the examiner should: a) Provide an opinion as to whether it is at least as likely as not (i.e. probability of 50 percent or greater) that any diagnosed right shoulder disability is causally or etiologically related to the Veteran's period of active service. b) Provide an opinion as to whether it is at least as likely as not (i.e. probability of 50 percent or greater) that any diagnosed right shoulder disability was caused by, or is aggravated by any service-connected disability, to include the Veteran's service-connected left shoulder disability. If any service-connected disability aggravates (i.e., permanently worsens) a right shoulder disability, the examiner should identify the percentage of disability which is attributable to the aggravation. See 38 C.F.R. § 3.310(a); Allen v. Brown, 7 Vet. App. 439 (1995). A complete rationale for any opinion expressed should be provided in a legible report. In doing so, the examiner should reconcile any contrary medical evidence of record. 3. After the requested records review and opinion are completed, the report should be reviewed to ensure complete compliance with the directives of this remand. If the report is deficient in any manner, it should be returned to the reviewing personnel. See Stegall v. West, 11 Vet. App. 268 (1998). 4. After undertaking any other development deemed appropriate, the RO will re-adjudicate the issues on appeal. If any benefit sought is not granted, the Veteran and his representative should be furnished with a supplemental statement of the case and afforded an opportunity to respond before the record is returned to the Board for further review. 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 2014). _________________________________________________ DAVID L. WIGHT Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2014), 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) (2014).