Citation Nr: 18147115
Decision Date: 11/05/18	Archive Date: 11/02/18

DOCKET NO. 15-13 414
DATE:	November 5, 2018
REMANDED
Entitlement to service connection for a left shoulder condition is remanded.
REASONS FOR REMAND
The Veteran served on active duty from July 1962 to August 1965. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
Remanded Issue
The Veteran asserts that his left shoulder condition was incurred during active service. Specifically, he alleges he dislocated his left shoulder during service while handling a bomb trailer.
Establishing service connection generally requires medical evidence or, in certain circumstances, lay evidence of the following: (1) A current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) nexus between the claimed in-service disease and the present disability. See Davidson v. Shinseki, 581 F.3d 1313 (Fed.Cir.2009); Jandreau v. Nicholson, 492 F.3d 1372 (Fed.Cir.2007); Hickson v. West, 12 Vet. App. 247 (1999); Caluza v. Brown, 7 Vet. App. 498 (1995), aff’d per curiam, 78 F.3d 604 (Fed.Cir.1996) (table).
The Veteran has satisfied two elements to establish service connection, as he has a current left shoulder condition (i.e., diagnoses of arthritis and bursitis of the left shoulder) and an in-service ligamentous strain of the left shoulder.
With regard to nexus, a November 2013 VA examiner found the Veteran’s left shoulder condition was less likely than not related to service. However, the opinion is inadequate as the rationale is speculative. Furthermore, the rationale for the opinion is primarily based on the absence of post-service evidence of treatment or complaints of left shoulder symptoms for approximately 50 years. Therefore, remand is required for a new VA examination and opinion on the nature and etiology of the Veteran’s left shoulder condition.
The matter is REMANDED for the following action:
1. Schedule a VA examination to address the claim for service connection for a left shoulder condition. The claims file must be reviewed in conjunction with the examination. Following review of the claims file and examination of the Veteran, the examiner should:
(a) Identify any left shoulder condition. 
(b) Provide an opinion as to whether any current left shoulder condition is as likely as not (i.e., to a 50 percent or greater degree of probability) related to the Veteran’s military service. 
The examiner must specifically comment on the Veteran’s lay statements and in-service ligamentous strain of the left shoulder.
The examiner is requested to provide a complete rationale for any opinion expressed based on the examiner’s clinical experience, medical expertise, and established medical principles. If an opinion cannot be made without resort to speculation, the examiner should provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be made.
 
M. H. HAWLEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Norwood, Associate Counsel