Citation Nr: 18147794 Decision Date: 11/06/18 Archive Date: 11/06/18 DOCKET NO. 11-01 934 DATE: November 6, 2018 REMANDED Entitlement to an increased rating for a right shoulder disability greater than 10 percent prior to May 30, 2014, and greater than 20 percent from May 30, 2014 is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1977 to February 1999. The Veteran testified at a hearing before the undersigned Veterans Law Judge in March 2012. A transcript of that hearing is associated with the claims file. In a November 2016 decision, the Board denied the Veteran’s claim for entitlement to an increased rating for a right shoulder disability greater than 10 percent prior to May 30, 2014 and greater than 20 percent from May 30, 2014. The Veteran appealed the Board’s decision to the U.S. Court of Appeals for Veterans Claims (Court). In a March 2018 Memorandum Decision, the Court vacated the Board’s November 2016 decision and remanded the claim to the Board. Entitlement to an increased rating for a right shoulder disability greater than 10 percent prior to May 30, 2014, and greater than 20 percent from May 30, 2014 is remanded. In its March 2018 Memorandum Decision, the Court found the May 2014 VA examination relied upon by the Board in its November 2016 decision to be inadequate, as the examiner did not perform right shoulder range of motion testing in both weight-bearing and nonweight-bearing positions or otherwise explain why such testing could not be done in compliance with Correia v. McDonald, 28 Vet. App. 158 (2016). The Court ordered the Veteran’s claim to be remanded for a new VA examination which includes testing for pain on weight-bearing and nonweight-bearing, if possible and appropriate. Accordingly, the Veteran must be provided with a new VA examination to determine the current severity of his right shoulder disability. The examiner must specifically provide range of motion results with both active and passive range of motion findings, range of motion findings upon weight-bearing, and range of motion findings for the left (opposite joint) shoulder. The matter is REMANDED for the following action: 1. Schedule the Veteran for a new VA examination to assess the current severity of his service-connected right shoulder disability. The Veteran’s claims file and a copy of this Remand must be reviewed by the examiner. All pertinent symptomatology and findings must be reported in detail. Any diagnostic tests deemed necessary for an accurate assessment must be conducted. The examiner must record all pertinent medical complaints, symptoms, and clinical findings, in detail. The examiner must test and report the range of motion in active motion, passive motion, weight-bearing, and nonweight-bearing, for both the right and left shoulders. If pain on motion of the right shoulder is shown, the examiner must state at what degree the pain begins. The same range of motion studies must then be repeated after three repetitions. The examiner must indicate whether there is any favorable or unfavorable ankylosis of the right shoulder. The examiner must state whether there is any functional loss caused by the Veteran’s right shoulder disability, including whether there is any functional loss due to pain, weakness, fatigability, incoordination, or pain on movement of the joint. Additionally, an opinion must be stated as to whether any pain found in the right shoulder could significantly limit functional ability during flare-ups or during periods of repeated use, noting the degree of additional limitation of motion due to pain on use or during flare-ups. The examiner must also state whether there is any evidence of dislocation of the right shoulder, nonunion with loose movement, or malunion of the right shoulder. Finally, the examiner must describe all functional limitations resulting from the Veteran’s right shoulder disability. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. (Continued on the next page)   2. When the above development has been completed, readjudicate the issue on appeal. If the benefit sought on appeal remains denied, provide an additional supplemental statement of the case to the Veteran and his representative, and afford the Veteran and his representative an adequate opportunity to respond, prior to returning those issue to the Board for appellate review. MICHAEL MARTIN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Katz, Counsel