Citation Nr: 18149522 Decision Date: 11/09/18 Archive Date: 11/09/18 DOCKET NO. 14-38 682A DATE: November 9, 2018 REMANDED Entitlement to service connection for a bilateral shoulder disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1981 to March 1985 and June 1987 to March 1993. The Veteran has additional service in the National Guard. The Veteran asserts that a bilateral shoulder disorder is related to injuries sustained in service. He filed a claim for service connection for a left shoulder disability in 2012, indicating onset of a left shoulder disability in 2010. Service connection may be established for disability resulting from disease or injury incurred in or aggravated by active duty service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Generally, to establish service connection, the evidence must show (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury (or in-service aggravation). Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Active military service is defined by Department of Veterans Affairs (VA) law and regulations. Active military, naval, or air service includes active duty and any period of ACDUTRA during which the individual concerned was disabled from a disease or injury incurred in the line of duty. See 38 U.S.C. § 101 (21), (24)(A) (B); 38 C.F.R. § 3.6(a). Accordingly, service connection may be granted for disability resulting from disease or injury incurred in or aggravated while serving on ACDUTRA. National Guard service generally includes periods of ACDUTRA. ACDUTRA includes full-time duty with the Army National Guard of any State under sections 316, 502, 503, 504, or 505 of title 32, or the prior corresponding provisions of law. See 38 U.S.C. § 101 (22)(C); 38 C.F.R. § 3.6(c). Service treatment records include an October 1984 note in which the Veteran fell and hurt his low back and left shoulder. Post-service Army National Guard records show an injury to the right shoulder while playing softball in 2010. Emergency room records document a history of no prior problems with the shoulder other than a clavicle fracture when he was a child. An x-ray report showed no evidence of fracture, dislocation, or separation. The diagnosis was acute right shoulder strain. The Board notes that there is no evidence the Veteran was on a period of ACDUTRA or INACDUTRA during this time. The Veteran underwent a VA examination in July 2013. Upon physical examination, the diagnoses were left shoulder impingement and right shoulder injury resolved. The examiner’s rationale was that although the Veteran reported a post-service left shoulder injury in 2010, the treatment records indicate he had a right shoulder injury in 2010. The Board finds the rational given by the VA examiner is inadequate. In a June 2017 VA treatment note, the Veteran reported his shoulder pain began in the military. The nurse indicated x-rays of the bilateral shoulders showed minimal arthritis. The VA nurse opined the Veteran’s shoulder pain is more likely than not related to his military injury. The Board finds that this opinion seems solely based on the Veteran’s reported history, has a limited rationale, and does not take into account the lengthy evidentiary record on appeal. In an October 2018 statement, the Veteran, through his representative, argued that his multiple falls in service, as a result of being on jump status, caused his bilateral shoulder disorder. Given the findings above, the Board finds another VA examination is necessary. The matter is REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to obtain an opinion as the nature and etiology of any bilateral shoulder disorder. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including falls in active service. M. TENNER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Diane M. Donahue Boushehri, Counsel