Citation Nr: 20004028
Decision Date: 01/16/20	Archive Date: 01/16/20

DOCKET NO. 16-52 934
DATE: January 16, 2020

REMANDED

Entitlement to a temporary total rating for convalescence following October 2013 left shoulder surgery is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1987 until his retirement in September 2008.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

This case was previously before the Board in February 2017 when it was remanded for additional development.  It has returned for adjudication.  

Entitlement to a temporary total rating for convalescence following October 2013 left shoulder surgery is remanded.

The Veteran is currently service-connected for a left shoulder strain.  The Veteran’s post-service treatment records indicate that he underwent surgery on his left shoulder in October 2013 for labral and rotator cuff repairs.   

Notably, in February 2017, this issue was remanded in part to afford the Veteran an examination to determine the nature, etiology, and severity of any left shoulder disabilities diagnosed in addition to his left shoulder strain.  Specifically, the RO was to request medical clarification regarding the Veteran’s left shoulder diagnoses and issue a rating decision delineating which shoulder disabilities were and were not service-connected.  Thereafter, the RO was to determine if the Veteran’s October 2013 left shoulder surgery was related to a service-connected disability.  

During a May 2017 VA examination, the examiner diagnosed the Veteran with left shoulder strain, left shoulder impingement syndrome, left shoulder bicipital tendonitis, and left shoulder labral tear, including superior labral anterior-posterior lesion.  The examiner further opined that each diagnosis is at least as likely as not caused by military service.  

Unfortunately, the RO has not issued a rating decision regarding whether the diagnosed left shoulder impingement syndrome, left shoulder bicipital tendonitis, and left shoulder labral tear, including superior labral anterior-posterior lesion, are service-connected.  As such, it would frustrate due process for the Board to make a decision in the instant appeal.  Regrettably, the Board must remand this issue for the RO to comply with the February 2017 remand directives.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  

The matters are REMANDED for the following action:

1. The RO should issue a rating decision clarifying which left shoulder diagnoses, pathology, and impairments are service-connected and which, if any, are not.  The conclusions must be set forth on a rating codesheet (with explanation in the narrative), and the Veteran must be notified of any such decision.  If service connection is denied for any left shoulder disability diagnosed, to include left shoulder impingement syndrome, left shoulder bicipital tendonitis, and left shoulder labral tear, including superior labral anterior-posterior lesion, the Veteran should be advised of his right to appeal that determination, and afforded the opportunity to do so.  

2. Thereafter, the RO should review the record; ensure all development sought has been completed as instructed; and readjudicate the instant claim.   

 

 

CAROLINE B. FLEMING

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. Connor, 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.