Citation Nr: 18136552 Decision Date: 09/19/18 Archive Date: 09/19/18 DOCKET NO. 15-44 477 DATE: September 19, 2018 REMANDED Entitlement to service connection for a left shoulder disability is remanded. Entitlement to service connection for a right shoulder disability is remanded. REASONS FOR REMAND The Veteran had active service in the United States Army from June 1970 to January 1972, and also periods of active duty for training (ACDUTRA). This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Board hearing in May 2018. A transcript is of record. 1. Entitlement to service connection for a left shoulder disability is remanded. The Veteran has a left shoulder disability, which he contends is related to service. However, the Board notes that the claims file does not currently contain records pertaining to the Veteran’s active duty for training and accompanying reservist records. The Veteran has credibly testified to such training in 2008 wherein he asserts that he injured both shoulders. Moreover, the records suggest that the Veteran participated in periods of ACDUTRA and possibly inactive duty training (INACDUTRA). The Board finds that the AOJ should attempt to verify such periods on remand. As such, the Board finds that a remand is necessary to ensure a complete claims file is reviewed. Moreover, he has not been scheduled for a VA examination to determine the nature and etiology of his left shoulder disability. The Board finds that a VA examination is warranted as such would be useful for a full and fair adjudication of this issue. Indeed, VA has not obtained a probative medical opinion as to whether the Veteran’s left shoulder disability was incurred in or is otherwise related to service, and the Board finds such would be useful to adjudicate this issue. 2. Entitlement to service connection for a right shoulder disability is remanded. The Veteran has a right shoulder disability, which he contends is related to service. As noted above, the claims file does not currently contain records pertaining to the Veteran’s ACDUTRA and accompanying reservist records. As such, the Board finds that a remand is necessary to ensure a complete claims file is reviewed. Moreover, he has not been scheduled for a VA examination to determine the nature and etiology of his right shoulder disability. The Board finds that a VA examination is warranted as such would be useful for a full and fair adjudication of this issue. Indeed, VA has not obtained a probative medical opinion as to whether the Veteran’s right shoulder disability was incurred in or is otherwise related to service, and the Board finds such would be useful to adjudicate this issue. The matters are REMANDED for the following actions: 1. Take appropriate steps to verify and obtain all periods and records related to the Veteran’s ACDUTRA and INACDUTRA (not retirement points) and obtain any additional service treatment records for his Reserve service. 2. Efforts to obtain verification and service treatment records must continue until it is received, unless it is reasonably certain that records verifying such service do not exist, or that further efforts to obtain such records would be futile. Document all requests and responses in the claims file, to include, if possible, a memorandum summarizing such steps. 3. Obtain any outstanding VA treatment records. All requests and responses for the records must be documented. If any identified records cannot be obtained, notify the Veteran of the missing records, the efforts taken, and any further efforts that will be made by VA to obtain such evidence, and allow him an opportunity to provide the missing records. 4. After associating any treatment records with the claims file, then schedule the Veteran for an appropriate VA examination. The claims file should be made available to the examiner and reviewed in conjunction with the examination. 5. After reviewing the record and examining the Veteran, the examiner is to respond to the following: (a.) Is it at least as likely as not (50 percent or greater) that the Veteran’s LEFT shoulder disability was caused by a disease or injury in service? (b.) Is it at least as likely as not (50 percent or greater) that the Veteran’s RIGHT shoulder disability was caused by a disease or injury in service? If the examiner finds that one shoulder disability is related to service, but the other is not, then: (c.) Is it at least as likely as not (50 percent or greater) that the Veteran’s non-service connected shoulder disability was either 1) proximately due to OR 2) aggravated by his now service-connected shoulder disability? The term “aggravated” refers to a worsening of the underlying condition beyond the natural progression of the disease, as opposed to temporary or intermittent flare-ups or symptoms that resolve with return to the baseline level of disability. If aggravation is found, please state, to the extent possible, the baseline level of disability prior to aggravation. (CONTINUED ON THE NEXT PAGE)   For all examination reports above, the examiner is to provide a comprehensive medical rationale for any opinion offered. In forming an opinion, the examiner should not rely solely on the absence of corroborating evidence. Rather, the examiner should consider the extent to which there is a medical nexus. If the examiner cannot offer an opinion without resort to speculation, he or she should explain why and state what additional evidence, if any, would be required to offer an opinion. Paul Sorisio Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD G. Morales, Associate Counsel