Citation Nr: 18161248 Decision Date: 12/31/18 Archive Date: 12/31/18 DOCKET NO. 18-14 297 DATE: December 31, 2018 REMANDED Entitlement to service connection for a left shoulder disability is remanded. Entitlement to a disability evaluation in excess of 30 percent for a right shoulder disability is remanded. Entitlement to a disability evaluation in excess of 40 percent for a low back disability is remanded. Entitlement to a disability evaluation in excess of 20 percent for a cervical spine disability is remanded. Entitlement to a total disability rating due to individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from June 1955 to January 1982. This case comes before the Board of Veterans’ Appeals (Board) on appeal from rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia. The Board notes that the Veteran’s claimed bilateral foot disability appears on the January 2018 Statement of the Case, the Veteran indicating he wished to appeal the denial of service connection therefor in his March 2018 VA-9. However, the issue of service connection for a bilateral foot disability was addressed by a September 28, 2010 Board decision, which denied the claim. It does not appear the Veteran perfected an appeal to the Court of Appeals for Veterans Claims (Court) within a year of the issuance of that decision. As such, the decision is final and cannot be disturbed by the Board at this time. 1. Entitlement to service connection for a left shoulder disability is remanded. The Veteran has a current diagnosis of left shoulder strain, furnished at an August 2014 VA examination which explored the nature and manifestations of his right shoulder disability. No medical opinion was offered as to the etiology of the left shoulder disability, and the record does not reflect that any VA examination has been conducted to explore this etiology. As such, on remand, a VA examination must be scheduled and a medical opinion obtained as to the etiology of the Veteran’s left shoulder disorder. 2. The claims for entitlement to disability evaluations in excess of 30 percent for a right shoulder disability, in excess of 40 percent for a low back disability, and in excess of 20 percent for a cervical spine disability, are remanded. The Veteran last underwent VA examinations exploring the nature and severity of these disabilities in August 2014. Over four years having passed since those examinations were conducted, and given the Veteran’s March 2018 statement specifically averring that his physical conditions have worsened since his current disability ratings were assigned, the Board finds that new VA examinations are necessary to determine the current nature and severity of the Veteran’s service connected disabilities. 3. Entitlement to a TDIU is remanded. Finally, because a decision on the aforementioned issues could significantly impact a decision on the issue of entitlement to a TDIU, the issues are inextricably intertwined. A remand of the TDIU claim is required. The matters are REMANDED for the following action: 1. After obtaining the necessary authorization, update the file with any VA or private treatment records relevant to the Veteran’s claims. If any requested records are unavailable, the Veteran should be notified to that effect. 2. Then, schedule the Veteran for a VA examination to explore the etiology of his left shoulder disorder. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request. Please identify my medical diagnosis the Veteran’s left shoulder disorder or disorders. For each diagnosis, the examiner should state whether it is at least as likely as not (e.g. at least a 50 percent probability or greater) that the Veteran’s left shoulder condition began in service or is otherwise related to service. 3. Schedule the Veteran for a VA examination to explore the current nature and severity of his right shoulder disability. The claims folder must be provided to and reviewed by the examiner as part of the examination. A notation to the effect that this review has taken place should be made in the evaluation report. All tests, studies, and evaluations should be performed as deemed necessary by the examiner, and the results of any testing must be included in the examination report. The examiner is asked to identify by diagnosis the Veteran’s current right shoulder disability, and to describe its current nature and severity. All pertinent symptomatology and findings should be reported in detail in accordance with VA rating criteria. 4. Schedule the Veteran for a VA examination to explore the current nature and severity of his low back disability. The claims folder must be provided to and reviewed by the examiner as part of the examination. A notation to the effect that this review has taken place should be made in the evaluation report. All tests, studies, and evaluations should be performed as deemed necessary by the examiner, and the results of any testing must be included in the examination report. The examiner is asked to identify by diagnosis the Veteran’s current low back disability, and to describe its current nature and severity. All pertinent symptomatology and findings should be reported in detail in accordance with VA rating criteria. 5. Schedule the Veteran for a VA examination to explore the current nature and severity of his cervical spine disability. The claims folder must be provided to and reviewed by the examiner as part of the examination. A notation to the effect that this review has taken place should be made in the evaluation report. All tests, studies, and evaluations should be performed as deemed necessary by the examiner, and the results of any testing must be included in the examination report. The examiner is asked to identify by diagnosis the Veteran’s current cervical spine disability, and to describe its current nature and severity. All pertinent symptomatology and findings should be reported in detail in accordance with VA rating criteria. 6. Review the opinions and any examination reports to ensure that they are in complete compliance with the directives of this remand. If an opinion or report is deficient in any manner, the AOJ must implement corrective procedures. Stegall v. West, 11 Vet. App. 268, 271 (1998). 7. After completing the requested actions and any additional notification and/or development deemed warranted, readjudicate the issues on appeal, including the issue of entitlement to a TDIU. If any benefit sought on appeal is not granted, the Veteran and his representative must be furnished a supplemental statement of the case and afforded the appropriate time period for response. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Z. Sahraie, Associate Counsel