Citation Nr: 18143364 Decision Date: 10/19/18 Archive Date: 10/18/18 DOCKET NO. 17-27 870 DATE: October 19, 2018 ORDER As new and material evidence has been received, the claim of entitlement to service connection for a right shoulder disorder to include bursitis is reopened. REMANDED The issue of service connection for a recurrent right shoulder disorder to include a rotator cuff tear and impingement syndrome is remanded. FINDINGS OF FACTS 1. A March 2012 rating decision denied service connection for a right shoulder disability to include bursitis. The Veteran did not submit a timely notice of disagreement and the March 2012 rating decision is final. 2. The additional evidence received since the March 2012 rating decision is new and material. CONCLUSIONS OF LAW 1. The March 2012 rating decision denying entitlement to service connection for a right shoulder disorder to include bursitis is final. 38 U.S.C. § 7105; 38 U.S.C. § 20.1103. 2. New and material evidence to reopen the claim for service connection for a right shoulder disorder to include bursitis has been presented. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from July 1978 to October 1989; from February 2003 to May 2003; and July 2006 to December 2007. He served in Iraq. The Veteran had additional duty with the Army Reserve/Army National Guard. Application to Reopen Claim for Service Connection A rating decision is final and is not subject to revision upon the same factual basis except upon a finding of clear and unmistakable error where a notice of disagreement or material evidence was not received within one year of notification of the decision. 38 U.S.C. §§ 5108, 7105; 38 C.F.R. §§ 3.156 (b), 20.200, 20.300, 20.1103. A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency decision makers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. There is a low threshold to raise a reasonable possibility of substantiating the claim. 38 C.F.R. § 3.156 (a); Shade v. Shinseki, 24 Vet. App. 110 (2010); Evans v. Brown, 9 Vet. App 273 (1996); Hodge v. West, 155 F.3d 1356 (Fed. Cir. 1998). New and material evidence received prior to the expiration of the appeal period will be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. 38 C.F.R. § 3.156 (b). A March 2012 VA rating decision denied service connection for a right shoulder disorder to include bursitis as “the claimed right shoulder condition is not at least as likely as not related to complaints, treatment, or incidents during military active duty.” The Veteran did not submit a timely notice of disagreement and the March 2012 rating decision is final. The evidence considered by VA in reaching the March 2012 consisted of service treatment records, service personnel records, VA clinical and examination records, and written statements from the Veteran. Service treatment records reflect that the Veteran was treated for right shoulder bursitis. The report of a March 2012 VA shoulder examination states that the Veteran reported that he was currently a member of an Army Reserve unit. The Veteran was diagnosed with “right shoulder pain.” The examiner commented that “current right shoulder condition is mostly degenerative in origin.” New and material evidence pertaining to the issue of entitlement to service connection for a right shoulder disorder was not received by VA or constructively in its possession within one year of written notice to the Veteran of the March 2012 rating decision. Therefore, that decision became final. 38 C.F.R. § 3.156 (b). The additional evidence received since the March 2012 rating decision includes VA examination and treatment records, and written statements from the Veteran. In his April 2016 Application for Disability Compensation and Related Compensation Benefits (VA Form 21 526EZ), the Veteran indicated that he had sustained a torn right shoulder ligament. VA clinical documentation dated in April 2016 states that the Veteran was diagnosed with right shoulder rotator cuff tear and impingement syndrome and underwent arthroscopic rotator cuff repair and subacromial decompression. The Board finds that the Veteran’s April 2016 written statement and the April 2016 VA clinical documentation are of such significance that they raise a reasonable possibility of substantiating the claim for service connection when considered with the evidence previously of record. The documentation addresses the reason of the previous denial as it addresses a specific in service right shoulder injury. As new and material evidence has been received, the claim of entitlement to service connection for a right shoulder disorder is reopened. REASONS FOR REMAND The issue of service connection for a recurrent right shoulder disorder to include rotator cuff tear and impingement syndrome is remanded. The claim for service connection for a recurrent right shoulder disorder to include rotator cuff tear and impingement syndrome has been reopened. However, the Board finds that further development is needed before the claim can be adjudicated. The report of the March 2012 VA shoulder examination states that the Veteran reported that he was currently a member of an Army Reserve unit. An April 2015 Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances (VA Form 21-8951) states that the Veteran was an active member of an Army National Guard unit in 2014. The Veteran’s complete periods of active duty, active duty for training, and inactive duty for training with the Army Reserve/Army National Guard have not been verified and the service treatment records associated with that duty have not been requested for incorporation into the record. VA should obtain all relevant military, VA, and private treatment records which could potentially be helpful in resolving the Veteran’s claim. Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992). The matter is REMANDED for the following action: 1. Contact the National Personnel Records Center (NPRC) or the appropriate service entity and request verification of the Veteran’s complete periods of active duty, active duty for training, and inactive duty for training with the Army Reserve/Army National Guard and forward all available service medical and personnel records associated with the Veteran’s service for incorporation into the record. 2. Ask the Veteran to complete a VA Form 21-4142 for each private healthcare provider who has treated any recurrent right shoulder disorder. Make two requests for any authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile. (Continued on the next page)   3. Obtain the Veteran’s VA treatment records associated with treatment after June 2018. J. T. HUTCHESON Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Denton, Buck