Citation Nr: 18157812 Decision Date: 12/14/18 Archive Date: 12/13/18 DOCKET NO. 17-01 690 DATE: December 14, 2018 REMANDED Entitlement to service connection for a right shoulder condition is remanded. Entitlement to service connection for a right elbow condition is remanded. Entitlement to service connection for a respiratory condition is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from October 1975 to June 1977. This matter comes before the Board from a November 2015 rating decision. 1. Entitlement to service connection for a right shoulder and right elbow condition is remanded. The Veteran contends that he has a current disabilities of the right shoulder and right elbow related to his active service. Specifically, he alleges that he worked as a tank crewman and his shoulder was injured pulling himself up onto the tank and loading the heavy ammunition. He also recalls an instance where he struck his elbow. Service treatment records (STRs) contain a noted elbow pain in May 1977. The current medical records do not contain a diagnosed elbow or right shoulder disability, but the Veteran reports pain in his right shoulder and elbow, dating back to service. Pain resulting in functional impairment of earning capacity, even if there is no identified underlying diagnosis, can constitute a disability. Saunders v. Wilkie, 886 F.3d 1356, 1367-68 (Fed. Cir. 2018). The Veteran has not been afforded a VA examination to determine whether there is functional limitation of his right shoulder and/or elbow to constitute a disability. A VA examination is warranted to determine the etiology of any right shoulder and/or right elbow condition. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). 2. Entitlement to service connection for a respiratory condition is remanded. The Veteran contends that his currently diagnosed respiratory conditions, including malignant neoplasm of unspecified part of the left bronchus or lung, respiratory failure, and chronic obstructive pulmonary disease (COPD) are related to service. He alleges that these conditions are related to the fumes he inhaled while working as a tank crewman. In the September 1977 National Guard entrance examination, the Veteran noted shortness of breath. The Veteran has not been afforded a VA examination to determine the etiology of his respiratory conditions. As there is an indication that the Veteran’s currently diagnosed respiratory conditions may be related to his service, a VA examination is warranted to determine the nature and etiology of his currently diagnosed respiratory conditions. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records and pertinent private treatment records. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any disorder of the right shoulder or right elbow. The examiner must: (a.) Identify all disabilities of the right shoulder and right elbow found to be present or that have existed during the appeal period. In doing so, the examiner MUST discuss whether the Veteran has functional impairment of the right shoulder or right elbow. (b.) For any identified disability of the right shoulder or right elbow, or functional impairment of the right shoulder or elbow, provide an opinion as to whether it is at least as likely as not that it had its onset during service or is otherwise related to an in-service injury, event, or disease. The Veteran’s competent and credible report of experiencing pain associated with pulling himself up on a tank and loading heavy ammunitions should be addressed. The examiner should also consider the Veteran’s report of striking his right elbow and the STR noting his complaints of pain. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any respiratory disorder. The examiner must: (a.) Provide an opinion as to whether it is at least as likely as not that any currently identified respiratory disabilities, had their onset during service or are otherwise related to an in-service injury, event, or disease, including the Veteran’s contention his respiratory conditions are related to breathing fumes while working as a tank crewman. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Rekowski, Associate Counsel