Citation Nr: 18156496 Decision Date: 12/11/18 Archive Date: 12/10/18 DOCKET NO. 14-20 537 DATE: December 11, 2018 REMANDED Service connection for left shoulder condition is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1985 to January 1986 and from October 2001 to October 2002, with additional service in the Montana Air National Guard. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Board previously remanded this matter in March 2018. 1. Service connection for left shoulder disability The Veteran’s contends that he currently suffers from left shoulder disabilities that are related to an injury he suffered during a period of active duty for training (ACDUTRA). See June 2014 Form 9 and October 2018 Correspondence. Specifically, the Veteran reports injuring his shoulder when carrying a sandbag. At the time, his symptoms included pain, inability to lift his arms, and weakened grip in that arm. The Veteran indicated that he did not have shoulder problems prior to that period and has experienced similar pain and loss of mobility on a regular basis since that injury. An August 1997 line of duty determination and treatment records indicate an injury to the Veteran’s left shoulder from unloading sandbags; the Veteran reported symptoms of pain, limited range of motion, and tenderness. The diagnosis was left deltoid strain and subsequently left shoulder bursitis. Private treatment records show the Veteran reported an injury related to lifting sandbags while in the National Guard. Imaging in September 2013 showed left shoulder tendinosis with tear and impingement. In August 2013, Dr. M. indicated that the Veteran’s current disabilities are related to the 1997 injury and that the bursitis never resolved satisfactorily with recently worsening symptoms. In a a September 2013 letter, Dr. M. again related the Veteran current condition to the 1997 injury. In the Board’s March 2018 Remand, it indicated that a February 2014 VA nexus opinion and Dr. M.’s nexus opinion were inadequate for adjudicative purposes. Pursuant to the Board’s Remand, another VA opinion was obtained in August 2018. Unfortunately, the opinion still reflects that the examiner discounted Veteran’s competent and credible statements on the onset and continuity of his symptoms after the 1997 injury – noting they were not supported by the treatment records. As the examiner’s rationale is based on the absence of documented medical treatment it is rendered inadequate. See Dalton v. Peake, 21 Vet. App. 23 (2007). There is no other adequate opinion of record regarding the matter. As such, a new opinion is required. The matter is REMANDED for the following action: Obtain an addendum opinion from an appropriate examiner regarding the nature and etiology of the Veteran’s left shoulder. The claims file AND A COPY OF THE COMPLETE REMAND, must be reviewed by the examiner. The examiner is asked to opine whether it is at least as likely as not that the Veteran’s left shoulder disability is related to service, to include an August 1997 injury sustained after lifting sandbags. In doing so, the examiner should comment upon the Veteran’s reports of continuous left shoulder pain and restricted movement since the August 1997 injury. The examiner may not reject the Veteran’s lay statements due solely to a lack of corroborating medical treatment records. In offering any opinion, the clinician should consider medical and lay evidence dated both prior to and since the filing of the claim, including Dr. M.’s September 2013 opinion and private medical treatment records. A complete rationale for the requested opinion should be provided. If the examiner feels that the requested opinions cannot be rendered without resorting to speculation, he or she must explain why this is so. D. JOHNSON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. Vuong, Associate Counsel