Citation Nr: 19147652 Decision Date: 06/18/19 Archive Date: 06/18/19 DOCKET NO. 09-18 581 DATE: June 18, 2019 REMANDED Entitlement to service connection for a left shoulder disability is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1981 to March 2006. In April 2017, the Board of Veterans’ Appeals (Board) made an unfavorable determination on the Veteran’s claim for a left shoulder disability. An October 2018 United States Court of Appeals for Veteran’s Claims (Court) Order vacated the Board’s decision and remanded for additional development and re-adjudication of the claim. Thus, the issue of entitlement to service connection for a left shoulder disability has been returned to the Board for further consideration. The Board observes that the Veteran has at various times complained of neck pain and associated it with his left shoulder disability. If he or his representative desire to file a claim for a specific neck disability, they should do so on the appropriate form at the Regional Office.   Entitlement to service connection for a left shoulder disability is remanded. As discussed above, in October 2018, the Court issued an Order vacating and remanding this claim. The Veteran contends that his left shoulder disability is related to his military service. Specifically, the Veteran contends that his left shoulder disability is related to the documented injuries that he sustained during his military service, to include the physical requirements to maintain his 28-year military career. The Court found that the Board erred in its failure to provide an adequate statement of reasons or bases to support its decision to deny entitlement to service connection for a left shoulder disability. Specifically, the Board determined that there was no nexus between the Veteran’s left shoulder disability and his military service. Thus, service connection was not warranted. However, it was determined that the Board did not explain why the Veteran’s December 2005 medical examination that showed that the Veteran had restricted range of motion in his left shoulder did not constitute evidence of symptoms of a left shoulder disability. Additionally, the Court found that the Board erred in relying on the Veteran’s April 2016 VA examination because the examiner also ignored evidence in the December 2005 separation examination indicating that the Veteran had limited range of motion in his left shoulder at that time. The VA’s duty to assist requires it to provide a medical examination or obtain a medical opinion if the information and evidence of record does not contain sufficient medical evidence to decide the claim but contains competent law or medical evidence of a current diagnosed disability. See C.F.R. § 3.159. In April 2016, the Veteran was afforded a VA examination, in which the examiner opined that the Veteran’s left shoulder disability is less likely than not incurred in or caused by the claimed in-service injury, event or illness. However, the examiner did not provide an opinion as to whether the Veteran’s December 2005 separation examination indicating that the Veteran had limited range of motion in his left shoulder at that time is indicative of a symptom of a left shoulder disability. Additionally, to date, no examiner has addressed the Veteran’s neck pain as it relates to his shoulder disability and his in-service shoulder injury. For the reasons outlined above, remand is required for a VA addendum opinion that adequately addresses the question of whether the Veteran’s left shoulder disability was incurred as a result of or aggravated by his military service. The matter is REMANDED for the following action: 1. The Regional Office (RO) should arrange for a VA addendum opinion authored by an appropriate specialist to determine the nature and etiology of the Veteran’s claimed left shoulder disability, to include neck pain. (If an examination is needed to resolve this matter one should be scheduled in accordance with applicable provisions.) The specialist is to be provided access to the Veteran’s claims file and must specify in the report that these records have been reviewed. All pertinent symptomatology and findings should be reported in detail, including all diagnoses. The specialist should address the following: (a.) Whether it is at least as likely as not (50 percent or greater likelihood) that the Veteran has a left shoulder disability that as likely as not (50 percent probability or higher) had its onset in service or is otherwise related to active service; (b.) The specialist should provide a detailed rationale for the opinion, including a discussion of the evidence of record and medical principles which led to the conclusions reached. If an opinion cannot be provided without resort to speculation, the specialist should explain why it is not possible to provide an opinion. 2. After the development requested has been completed, the RO should review the expanded records to ensure complete compliance with the directives of this REMAND. If any report is deficient in any manner, implement corrective procedures at once. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Frazier, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.