Citation Nr: 18158255
Decision Date: 12/14/18	Archive Date: 12/14/18

DOCKET NO. 17-01 404
DATE:	December 14, 2018
REMANDED
Entitlement to a compensable rating for right ankle osteoarthritis and a lateral collateral ligament sprain is remanded. 
Entitlement to service connection for a right shoulder disability is remanded. 
Entitlement to service connection for a left shoulder disability is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the U.S. Navy as an air intercept controller and security guard from October 1985 to February 1995. 
1. Entitlement to a compensable rating for right ankle osteoarthritis and a lateral collateral ligament sprain 
In a December 2016 statement, the Veteran asserted that his right ankle disability has increased in severity since the Veteran was last examined by VA. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his right ankle disability.
In addition, while the record contains contemporaneous VA examinations regarding the Veteran’s right ankle disability, the examinations do not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158, 168 (2016).  The examinations do not contain passive range of motion measurements/pain on weight-bearing testing. As such a remand is warranted for a VA examination.
2. Entitlement to service connection for a right shoulder disability
3. Entitlement to service connection for a left shoulder disability
Following the July 2017 and November 2017 statement of the case (SOC), the AOJ continued to develop additional evidence specifically VA treatment records relating to the Veteran’s right and left shoulder disability. The AOJ has not sent an SSOC to either the Veteran or his representative, and the Veteran has not waived consideration of the entirety of this pertinent evidence by the AOJ. Therefore, a remand is warranted under 38 C.F.R. § 19.37.  
The matter is REMANDED for the following action:
1. Issue a Supplemental Statement of the Case (SSOC) to the Veteran and his representative on the issues of entitlement to service connection for a right shoulder disability and service connection for a left shoulder disability, specifically addressing the new evidence since the SOC.
2. Schedule the Veteran for an examination of the current severity of his right ankle disability. 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 Veteran’s right ankle disability alone and discuss the effect of the Veteran’s right ankle 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).
 
J.W. FRANCIS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Kardian