Citation Nr: 18147776 Decision Date: 11/06/18 Archive Date: 11/06/18 DOCKET NO. 12-33 924 DATE: November 6, 2018 REMANDED Entitlement to a rating in excess of 30 percent for rotator cuff tendonitis of the right (non-dominant) shoulder is remanded. Entitlement to a total disability rating based upon individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1985 to May 1988. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In June 2013, the Veteran testified before the undersigned Veterans Law Judge (VLJ). A copy of the transcript has been associated with the Veteran’s electronic claims folder. In August 2015, the Board remanded these issues for additional development. 1. Entitlement to a rating in excess of 30 percent for a right shoulder disability is remanded. The Board finds that more development is necessary prior to final adjudication of the claims on appeal. Notably the last VA examination for his service-connected right shoulder disability took place in December 2015. However, in an October 2018 correspondence, the Veteran indicated that his service-connected right shoulder disability had worsened since his last VA examination in December 2015. Notably, the Veteran indicated that he now had a protruding collar bone of his right shoulder that was “getting worse”. He noted that the cyst was at the area of his right shoulder that was “tearing” and that he was advised that he could get the cyst “cut out” which would impact his employability. He indicated that the lump/cyst was sore, continued to get larger and was very uncomfortable. Additionally, the Veteran provided multiple photographs which demonstrated the protrusion on the back of his right shoulder area. Given that the Veteran indicated that his service-connected right shoulder symptoms had worsened and he appears to be receiving continued treatment for this disability, the Board is of the opinion that a new VA examination would be probative. Although a new VA examination is not warranted based merely upon the passage of time [see Palczewski v. Nicholson, 21 Vet. App. 174 (2007)], the Court has held that where a veteran claims that a disability is worse than when originally rated, and the available evidence is too old to adequately evaluate the current state of the condition, the VA must provide a new examination. See Olsen v. Principi, 3 Vet. App. 480, 482 (1992), citing Proscelle v. Derwinski, 2 Vet. App. 629, 632 (1992). Therefore, to ensure that the record reflects the current severity of the Veteran’s service-connected right shoulder disability, a contemporaneous examination is warranted, with findings responsive to the applicable rating criteria. See Green v. Derwinski, 1 Vet. App. 121, 124 (1991) (VA has a duty to provide the Veteran with a thorough and contemporaneous medical examination, one which takes into account the records of prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one) and Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (an examination too remote for rating purposes cannot be considered contemporaneous”). 2. Entitlement to a TDIU is remanded. The Board notes that further development and adjudication of the Veteran’s claim for entitlement to a rating in excess of 30 percent for a right shoulder disability may provide evidence in support of his claim for TDIU. See Henderson v. West, 12 Vet. App. 11 (1998), citing Harris v. Derwinski, 1 Vet. App. 180 (1991), for the proposition that where a decision on one issue would have a “significant impact” upon another, and that impact in turn could render any review of the decision on the other claim meaningless and a waste of appellate resources, the claims are inextricably intertwined. The Board has therefore concluded that it would be inappropriate at this juncture to enter a final determination on that issue. The matters are REMANDED for the following action: 1. The Veteran should be requested to provide the names, addresses and approximate dates of treatment of all medical care providers, VA and non-VA, who have treated him for the disability on appeal. After the Veteran has signed the appropriate releases, those records should be obtained and associated with the claims folder. 2. After the development requested above has been completed to the extent possible, the Veteran should also be scheduled for VA examination before an appropriate physician to determine the current level of severity of his service-connected right shoulder disability. The Veteran’s claims file and a copy of this remand must be provided to the examiner for review in conjunction with this examination, and the examination reports should reflect review of these items. All necessary tests and studies should be performed, and the examiner should describe in detail all symptomatology associated with the Veteran’s right shoulder disability. The examiner should also provide an opinion concerning the impact of the Veteran’s service-connected right shoulder disability on his ability to work. 3. After completion of the above and any additional development deemed necessary, the issues on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review, if in order. C. TRUEBA Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD James A. DeFrank, Counsel