Citation Nr: 18157849
Decision Date: 12/13/18	Archive Date: 12/13/18

DOCKET NO. 16-52 468
DATE:	December 13, 2018
REMANDED
Entitlement to an evaluation in excess of 20 percent for degenerative joint disease, left shoulder, minor, is remanded.
Entitlement to a finding of total disability based on individual unemployability (TDIU) prior to October 19, 2016, is remanded.
REASONS FOR REMAND
The Veteran had active duty with the United States Navy from July 1973 to July 1993.
This case comes before the Board of Veteran’s Appeals (Board) on appeal from an October 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
In June 2018, the Veteran submitted a form indicating that he was “opting in” to VA’s “RAMP” initiative. As to the matters on appeal, the above form is ineffective, as the appeal was certified to the Board in February 2017. This appeal will continue to be processed under the traditional appeals system.

In an October 2013 rating decision, the RO reduced the Veteran’s left shoulder rating from 20 percent to 10 percent, based on improvement in range of motion.  The Veteran filed a notice of disagreement seeking restoration of the 20 percent rating and assignment of additional, separate compensable ratings for tendon and muscle involvement in the left shoulder disability.  In a September 2016 decision, the RO restored the 20 percent rating, but declined to assign a yet higher rating under a Diagnostic Code applicable to a muscle group acting on the shoulder. 
The Veteran’s allegation that separate ratings for independent manifestations of disability of muscle groups IV and V are warranted have not been addressed by the RO, frustrating appellate review.  Further, there are allegations of worsening, with supporting information in treatment records, since the most recent 2013 examination.  Remand is required to obtain updated findings.
 The issue of entitlement to TDIU prior to October 19, 2016, is inextricably intertwined with the open service connection an evaluation questions discussed above.  Remand is required until they are addressed.
 
The matters are REMANDED for the following action:
1. Associate with the claims file updated VA treatment records.
2. Schedule the Veteran for a VA joints/muscle examination to ascertain the current severity of his service-connected left shoulder disability. Any appropriate evaluations, studies, and testing deemed necessary by the examiner should be conducted, and the results included in the examination report.
In assessing the severity of the left shoulder disability, the examiner should test for pain on both active and passive motion and in weight bearing and non-weight bearing. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary, he or she should clearly explain why that is so.
If feasible, the examiner should assess the additional functional impairment on repeated use or during flare-ups in terms of the degree of additional range of motion loss. The examiner should also specifically report at what point any pain begins, and at what point any pain causes any functional impairment, or whether there is any additional range of motion loss due to excess fatigability, incoordination, or flare-ups.
3. Upon completion of the above, and any additional development deemed appropriate, readjudicate the remanded issues.  If the benefits sought remain denied, the Veteran should be provided with a supplemental statement of the case.  The case should then be returned to the Board for appellate review if otherwise in order.  

 
WILLIAM H. DONNELLY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Baxter, Associate Counsel