Citation Nr: 20006797
Decision Date: 01/27/20	Archive Date: 01/27/20

DOCKET NO. 16-52 938
DATE: January 27, 2020

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from January 1971 to May 1972. This matter comes before the Board of Veterans’ Appeals (Board) from a July 2016 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned in a December 2019 Board hearing. A transcript of the hearing is of record.

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

The Veteran contends that his left shoulder disability began in-service. Specifically, the Veteran testified in the December 2019 Board hearing that during basic training he injured his shoulder. The Veteran testified he was hit with a pogo stick while he was in basic training.  

The Veteran’s post-service treatment records indicates that the Veteran has a diagnosis of a shoulder disability. Notably, the Veteran was diagnosed with degenerative arthritic changes in his left shoulder in November 2001 and left shoulder impingement syndrome with possible left acromial clavicular joint degenerative joint disease in July 2015.

VA is obliged to provide an examination or obtain a medical opinion in a claim for service connection when the record contains competent evidence that the claimant has a current disability or persistent or recurrent symptoms of disability, the record indicates that the disability or symptoms of disability may be associated with active service, and the record does not contain sufficient information to make a decision on the claim. 38 U.S.C. § 5103A (d); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The threshold for finding a link between current disability and service is low. Locklear v. Nicholson, 20 Vet. App. 410 (2006); McLendon, 20 Vet. App. at 83. As the Board cannot make a fully-informed decision on the issue of service connection for a left shoulder disability because no VA examiner has opined whether his left shoulder disability is etilogically related to his competent report that he injured his shoulder in-service.

The matters are REMANDED for the following action:

1. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any left shoulder disability. The examiner must opine as to the following:

(a.) Identify all left shoulder disabilities, to include left shoulder osteoarthritis, and/ or shoulder impingement syndrome with possible left acromial clavicular joint degenerative joint disease.

(b.) Whether any left shoulder disability is at least as likely as not related to an in-service injury, event, or disease, including the Veteran’s stated in-service shoulder injury in basic training.

(c.) Whether it is at least as likely as not any left shoulder arthritis manifested one year after discharge from service or was noted during service with continuity of the same symptomatology since service.

(d.) A complete rationale should be provided for all expressed opinions. 

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Robert Batten

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.