Citation Nr: 20020008 Decision Date: 03/18/20 Archive Date: 03/18/20 DOCKET NO. 18-27 412 DATE: March 18, 2020 ORDER Entitlement to service connection for a right shoulder strain is denied. REMANDED Entitlement to a disability rating in excess of 10 percent for residuals of a right ankle sprain is remanded. FINDING OF FACT A right shoulder disorder was not incurred in, nor is it due to, active duty service. CONCLUSION OF LAW The criteria for service connection for a right shoulder strain are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1993 to October 2003, from November 2007 to December 2008, and from November 2011 to August 2012. These matters come to the Board of Veterans' Appeals (Board) on appeal from June 16, 2014 and June 25, 2014 rating decisions by the Regional Office (RO). Entitlement to Service Connection for a Right Shoulder Strain The Veteran contends he has a right shoulder disability which is due to service. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board concludes that, while the Veteran has a is diagnosed with right shoulder disorders, the preponderance of the evidence is against finding that they began during active service, or are otherwise related to an in-service injury, event, or disease. The Veteran’s service treatment records are silent as to a right shoulder injury or disorder. The Veteran’s claims file was reviewed for a VA medical opinion in June 2014. Following that review, the examiner concluded that it was less likely than not that the Veteran’s shoulder disability was related to service. The examiner explained that service treatment records only demonstrated an incident of painful right neck pain which radiated from the right side which led to a diagnosis of an upper respiratory infection but that there was no evidence of a shoulder or thoracic outlet condition and that the Veteran was not diagnosed wish such until a decade thereafter. While the Veteran may sincerely believe he has a right shoulder disability which is related to service, the preponderance of the evidence weighs against finding that an in-service incurrence of a right shoulder disability occurred, and the claim must be denied. REASONS FOR REMAND Entitlement to an Increased Rating for Residuals of a Right Ankle Sprain is Remanded In a June 16, 2014 rating decision, service connection for residuals of a right ankle sprain was granted and a noncompensable rating was assigned. Thereafter, in an April 2018 rating decision, the RO determined that the June 2014 rating was clearly and unmistakably erroneous and a 10 percent disability rating was assigned. As the Veteran filed a notice of disagreement with the June 2014 rating decision, and the April 2018 rating decision was a partial grant, a statement of the case (SOC) must be issued. See Manlincon v. West, 12 Vet. App. 238, 240- (1999). The statement of the case must be issued unless the appellant's claim is resolved, such as by a complete grant of the benefit sought, or withdrawal of the notice of disagreement. The matters are REMANDED for the following action: (Continued on the next page)   Perform any development deemed necessary. Then, send the Veteran and his representative a statement of the case that addresses the issues of entitlement to an increased rating for residuals of a right ankle strain. If the Veteran perfects an appeal by submitting a timely VA Form 9, the issues should be returned to the Board for further appellate consideration. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. Slovick, 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.