Citation Nr: 19159059
Decision Date: 07/30/19	Archive Date: 07/30/19

DOCKET NO. 13-21 964A
DATE: 	July 30, 2019

REMANDED

Entitlement to service connection for a bilateral shoulder disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1978 to January 1996.  This matter comes before the Board on appeal from a September 2010 rating decision.

In a March 2018 decision, the Board partially granted an increased rating for a right knee disability and denied entitlement to service connection for a bilateral shoulder disability.  The Veteran appealed the denial of service connection to the United States Court of Appeals for Veterans Claims (CAVC).  In a March 2019 Memorandum Decision, CAVC set aside the Board decision and remanded the matter for further development.  

1. Entitlement to service connection for a bilateral shoulder disability is remanded.

As noted in the March 2019 Memorandum Decision, the May 2016 VA examiner characterized post-service treatment records as showing no treatment for either shoulder "for many years since discharge in January 1996," despite that the Veteran was diagnosed with tendonitis at the May 1996 VA examination.  As such, a remand is necessary to obtain an addendum opinion.  

CAVC also noted that the Veteran argued that the Board failed to ensure compliance with July 2016 remand directives in that x-rays were not obtained from Landstuhl Regional Medical Center.  In the July 2016 remand, the Board instructed that records be obtained for Landstuhl Regional Medical Center from 1991 or 1992.  A review of the record shows that in January 2017 the RO requested records from January 1, 1991 to March 31, 1991, with a negative response in February 2017.  In May 2017 the RO requested records from January 1, 1992 to December 31, 1992.  No response was received from this request.  As such, the Board finds that on a remand the RO should attempt to obtain records from Landstuhl Regional Medical Center from 1991 and 1992.  

The matter is REMANDED for the following action:

1. Request records of any treatment for a bilateral shoulder disorder from Landstuhl Regional Medical Center from January 1991 to December 1992.  Document all requests for information as well as all responses in the claims file.

2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s bilateral shoulder disability is at least as likely as not related to his military service.  In so opining, the examiner should specifically address the May 1996 VA examination that reveals a diagnosis of tendonitis. 

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3. Readjudicate the Veteran’s claim, with application of all appropriate laws, regulations, and case law, and consideration of any additional information obtained as a result of this remand.  If the decision remains adverse to the Veteran, he and his representative should be furnished a supplemental statement of the case and afforded an appropriate period of time within which to respond thereto.

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	D. Smart, 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.