Citation Nr: 18124331 Decision Date: 08/06/18 Archive Date: 08/06/18 DOCKET NO. 15-31 285 DATE: August 6, 2018 REMANDED Entitlement to service connection for a left shoulder condition is remanded. Entitlement to service connection for a right shoulder condition is remanded. Entitlement to service connection for a left knee condition is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1996 to June 1996 and from April 2002 to October 2009. These matters come before the Board of Veterans’ Appeal (Board) on appeal from a March 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. Entitlement to service connection for a left shoulder condition, entitlement to service connection for a right shoulder condition, and entitlement to service connection for a left knee condition are remanded. The Board regrets further delay in this case, but finds that a remand is necessary to further develop the record. Specifically, in a July 2014 statement, the Veteran stated that he received treatment from South Point VA clinic. These records are not in the claims folder and therefore efforts must be made to obtain missing records of VA treatment. In addition, the Veteran reported left shoulder pain in May 2005 while in service and was found to have left shoulder impingement syndrome in April 2007 (and was placed on a limited duty profile). But he has not been afforded a VA examination. VA’s duty to assist includes providing a medical examination when is necessary to make a decision on a claim. 38 U.S.C. § 5103A (d) (2012); 38 C.F.R. § 3.159 (c)(4) (2017). Such development is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but (1) contains competent evidence of diagnosed disability or symptoms of disability, (2) establishes that the veteran suffered an event, injury or disease in service, or has a presumptive disease during the pertinent presumptive period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. 38 C.F.R. § 3.159 (c)(4); McLendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006) (noting that the third element establishes a low threshold and requires only that the evidence “indicates” that there “may” be a nexus between the current disability or symptoms and active service, including equivocal or non-specific medical evidence or credible lay evidence of continuity of symptomatology). Thus, an examination must be provided to address the etiology of his left shoulder condition. The matters are REMANDED for the following actions: 1. Obtain any outstanding VA or private treatment records. Specifically, locate any additional records from South Point VA clinic and associate those records with the file. 2. Then, schedule the Veteran for a VA examination with an appropriate examiner to determine the etiology of the Veteran’s left shoulder condition. The claims file and a copy of this remand should be made available to the examiner. After a review of all pertinent evidence, the examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s left shoulder condition was caused by service. A clear rationale must be provided for all opinions expressed. If the examiner is unable to provide an opinion without resorting to mere speculation, then the examiner must state this and provide any information needed to make an opinion, if possible. 3. Thereafter, readjudicate the claims on appeal. If the benefit sought remains denied, issue the Veteran a supplemental statement of the case and provide a reasonable opportunity to respond before returning the matter to the Board for further appellate review. MICHAEL MARTIN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Saudiee Brown, Associate Counsel