Citation Nr: 18151313
Decision Date: 11/16/18	Archive Date: 11/16/18

DOCKET NO. 17-59 620
DATE:	November 16, 2018
REMANDED
Entitlement to rating in excess of 20 percent for left shoulder dislocation is remanded.
Entitlement to an initial rating in excess of 20 percent for left shoulder degenerative joint disease (DJD) is remanded.
Entitlement to a rating in excess of 20 percent for right shoulder strain is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Army from January 1974 to May 1977.
The Board notes that the Veteran currently has three other issues on appeal, including entitlement to a rating in excess of 10 percent for status post meniscus tear and chronic strain of the left knee, entitlement to a rating in excess of 10 percent for osteoarthritis of the right knee, and entitlement to a total rating based on individual unemployability due to service-connected disabilities (TDIU).  In a June 2018 Board remand, the Agency of Original Jurisdiction (AOJ) was directed to obtain a new VA examination to determine the nature and severity of the Veteran’s service-connected knee disabilities and to readjudicate the claims.  To date, the Veteran has not been afforded a new VA examination.  Given the short timeframe since issuance of the Board remand directives, the Board will refer these issues back to the AOJ to continue development pursuant to the remand.   
The Veteran submitted a claim for TDIU in August 2012.  In connection with that claim, an August 2013 rating decision continued 20 percent ratings for left shoulder dislocation and right shoulder strain respectively, and provided a separate 20 percent evaluation for left shoulder DJD.  The Veteran submitted a timely Notice of Disagreement with these ratings.  Another rating decision continued the shoulder evaluations in May 2016.  The Veteran again appealed and the AOJ issued a Statement of the Case in September 2017.  Subsequently, a VA examination evaluating the extent and severity of the Veteran’s bilateral shoulder disabilities was conducted in June 2018.  Additional VA medical treatment records were also added to the claims file.  A Supplemental Statement of the Case (SSOC) considering the examination results and treatment records has not been issued.  Accordingly, remand is necessary for the AOJ to consider all the relevant evidence of record and issue an SSOC regarding the shoulder disabilities.  
The matters are REMANDED for the following action: 







With consideration of all relevant evidence, including the records received since September 2017, re-adjudicate the claims on appeal.  If the benefits sought remain denied, the Veteran should be provided an SSOC.  An appropriate period should be allowed for response before the case is returned to the Board.  

 
MICHAEL E. KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Rachel E. Jensen, Associate Counsel