Citation Nr: 18154595 Decision Date: 11/30/18 Archive Date: 11/30/18 DOCKET NO. 16-56 216 DATE: November 30, 2018 REMANDED Entitlement to service connection for a viral syndrome condition is remanded. Entitlement to an increased rating in excess of 20 percent for a service-connected right shoulder strain disability is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1989 to May 1992. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to service connection for a viral syndrome condition is remanded. A rating decision dated May 2012 denied service connection for a viral syndrome condition and granted the Veteran’s claim for a compensable rating for a right shoulder strain. The Veteran’s right shoulder strain was given a 10 percent disability rating. However, in June 2012, the Veteran filed an Notice of Disagreement (NOD) of the denial of his claim for service connection for a viral syndrome disability and requested an increased rating in excess of 10 percent for his service-connected right should strain. As part of his NOD, the Veteran requested DRO review of both claims. The RO acknowledged both of the Veteran’s NOD claims in a December 2012 notice. In an October 2016 DRO decision, the RO increased the Veteran’s disability rating for the service-connected right shoulder strain to 20 percent. The RO did not address the Veteran’s claim of service connection for a viral syndrome condition. The RO issued a Statement of the Case (SOC) in October 2016, which addressed the Veteran’s increased rating claim for a right shoulder strain but did not address the Veteran’s claim of service connection for a viral syndrome condition. Although the RO has furnished a Statement of the Case (SOC) concerning the increased rating for a right shoulder disability claim, the RO has not yet issued an SOC addressing the issue of entitlement to service connection for a viral syndrome condition. Therefore, the Board must remand this issue for the RO to issue an SOC and to provide the Appellant an opportunity to perfect an appeal. Manlicon v. West, 12 Vet. App. 238 (1999). 2. Entitlement to an increased rating in excess of 20 percent for a service-connected right shoulder strain disability is remanded. The Board finds that additional development is required before the claims for a higher rating for the Veteran’s right shoulder strain disability is decided. The Veteran was provided with a VA shoulder and arm examination in July 2016. VA examinations for musculoskeletal disability must include joint testing for pain on both active and passive motion, in weight-bearing and nonweight-bearing and, if possible, with range of motion measurements of the opposite undamaged joint. Correia v. McDonald, 28 Vet. App. 158 (2016); 38 C.F.R. § 4.59 (2016). The Board has reviewed the July 2016 VA examination report and concludes that the findings do not meet the requirements of 38 C.F.R. § 4.59 pursuant to Correia. Specifically, the shoulder and arm examination does not reflect joint testing for pain on passive motion or in nonweight-bearing. Therefore, the Board finds that further examination is necessary. Additionally, current treatment records should be identified and obtained prior to a final decision in this appeal. The matters are REMANDED for the following action: 1. Send the Veteran a statement of the case (SOC) that addresses the issue of entitlement to service connection for a viral syndrome condition. If the Veteran perfects an appeal by submitting a timely VA Form 9, the issue should be returned to the Board for further appellate consideration. 2. Identify and obtain any outstanding, pertinent VA and private treatment records not already of record in the claims file relating to the Veteran’s right shoulder disability. 3. Then, schedule the Veteran for a VA examination by an examiner with sufficient expertise to determine the current nature and severity of the Veteran’s service-connected right shoulder disability. The claim file must be made available to, and reviewed by the examiners. All indicated tests and studies must be performed. The examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and without weight-bearing. The examiner must also attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups. To the extent possible, the examiner should identify any symptoms and functional impairments due to the right shoulder strain disability alone and discuss the effect of the Veteran’s right shoulder strain disability on any occupational functioning and activities of daily living. If it is not possible to provide a specific measurement, or an opinion regarding flare-ups, symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). All findings, conclusions, and opinions must be supported by a clear rationale. 4. Then, after conducting any other development deemed necessary, readjudicate the Veteran’s claim for a right shoulder disability. If any benefits sought on appeal remain denied, provide the Veteran and his representative with a supplemental statement of the case (SSOC) and allow an appropriate period of time for response. Thereafter, the claims folder should be returned to the Board. Michael Pappas Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. White, Associate Counsel