Citation Nr: 18142192
Decision Date: 10/16/18	Archive Date: 10/12/18

DOCKET NO. 08-33 435
DATE:	October 16, 2018
REMANDED
Entitlement to service connection for a left shoulder disability is remanded.
REASONS FOR REMAND
The Veteran had active duty service from April 1974 to September 1975.
The Veteran testified before a Veterans Law Judge (VLJ) at a videoconference hearing in November 2014.  A transcript of the hearing is of record.  In September 2018 correspondence, the Veteran was given the opportunity to request another hearing, as the VLJ who held the hearing in November 2014 is no longer available.  The Veteran responded in a September 2018 letter and declined the opportunity for another hearing.
Entitlement to service connection for a left shoulder disability is remanded.
In a July 2017 decision, the Board denied entitlement to service connection for a left shoulder disability.  The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court), which issued an order in April 2018 granting a Joint Motion for Remand (JMR) filed by the Veteran and VA’s Office of General Counsel.  The Court’s order vacated and remanded the Board’s July 2017 decision.  
In pertinent part, the parties agreed in the JMR that the Board erred relying on an inadequately explained medical opinion.  The parties stated that on remand, the Board should seek clarification of, or a new VA medical opinion to ensure compliance with the duty to assist. 
The matter is REMANDED for the following action:
1. Associate with the record any VA and/or private treatment records not already on file that relate to the Veteran’s claimed disability.
2. Obtain a medical opinion from a physician with appropriate expertise to address the etiology of the Veteran’s left shoulder condition.  A copy of the claims file should be sent to, and reviewed by the physician.  
Upon review of the file, the physician should answer the following question:  Was the Veteran’s left shoulder disability at least as likely as not (50 percent or greater probability) caused or aggravated beyond its natural progression by his service-connected knee disability?  If an in-person examination is required to answer this question, such should be scheduled.
In providing a response to the above question, the clinician must consider and comment upon the Veteran’s contention that he has suffered frequent falls as a result of his service-connected knee condition that have aggravated his left shoulder disability.  


(Continued on Next Page)

3. Then, readjudicate the appeal.  If the benefit sought remains denied, issue the Veteran and his representative a supplemental statement of the case.

 
V. Chiappetta
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. Bristow Williams, Associate Counsel