Citation Nr: 18139924 Decision Date: 10/01/18 Archive Date: 10/01/18 DOCKET NO. 15-46 195 DATE: October 1, 2018 REMANDED The claim of entitlement to service connection for a left shoulder disability is remanded. The claim of entitlement to service connection for a sleeping disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1983 to February 1987. 1. The claim of entitlement to service connection for a left shoulder disability is remanded. The Veteran has asserted that he has left shoulder pain and that he injured his left shoulder in service, but a VA medical opinion has not been obtained. The November 2015 examination was limited to the right shoulder. His right shoulder has recently been service-connected, therefore, a relationship secondary to his right shoulder should also be explored. In Saunders v. Wilkie, 2018 U.S. App. LEXIS 8467 (Fed. Cir. Apr. 3, 2018), the Federal Circuit found that the term “disability” as used in 38 U.S.C. § 1110 “refers to the functional impairment of earning capacity, not the underlying cause of said disability,” and held that “pain alone can serve as a functional impairment and therefore qualify as a disability.” Thus, where pain alone results in functional impairment, even if there is no identified underlying diagnosis, it can constitute a disability. Therefore, in the event that a left shoulder diagnosis is not made, it must also be determined if the Veteran’s left shoulder pain is due at least in part to a service-related incident and, if so, it that pain reaches the level of functional impairment of earning capacity. Accordingly, this claim is remanded for a VA examination. 2. The claim of entitlement to service connection for a sleeping disorder is remanded. The Veteran’s claim of service connection for a sleep disorder was denied in a March 19, 2012, rating decision. He filed a notice of disagreement (NOD) that was received March 11, 2013, which is timely. Accordingly, this claim is remanded for the issuance of a statement of the case (SOC). The matters are REMANDED for the following action: 1. Issue an SOC to the Veteran and his representative addressing the Veteran’s appeal for service connection for a sleep disorder. The Veteran is advised that a timely substantive appeal will be necessary to perfect an appeal to the Board concerning this claim. 38 C.F.R. § 20.302(b). 2. Schedule the Veteran for an appropriate examination for a report on whether the Veteran has a left shoulder disability, and if so, whether it is as likely as not (50/50 probability or better) that it is related to his service. The examiner is asked to provide a list of diagnoses of the left shoulder. The Veteran has asserted that he injured his left shoulder while in service. His records do not show a left shoulder injury, but do show the removal of a cyst near the left scapula, which developed scar tissue that caused neuritis. The examiner is asked to elicit from the Veteran details of his left shoulder injury in service, and of the onset of his symptoms. The examiner is asked to provide an opinion on whether any current diagnosis is related to the cystectomy or to the injury as described by the Veteran. If the Veteran has left shoulder pain without a diagnosis, It must be determined if the pain is due at least in part to a service-related incident and, if so, it that pain reaches the level of functional impairment of earning capacity. The Veteran’s right shoulder is service-connected. The examiner is asked to provide an opinion on whether any left shoulder diagnosis is caused or aggravated by the right shoulder disability. (“Aggravated” means to cause any increase in severity that is beyond the normal progression of the disability.) All opinions are to be supported with explanatory rational. J. CONNOLLY Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Gibson