Citation Nr: 20021429
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 16-28 198
DATE: March 25, 2020

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from July 1962 to April 1970.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision by the Department of Veterans Affairs (VA). This case was remanded in April 2019 and January 2020 for further development

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

In February 2020, the Veteran underwent a VA examination pursuant to a Board remand of January 2020. The VA examiner opined it was less likely than not that the Veteran’s right shoulder disabilities were related to his service, but merely provided a conclusory rationale that the Veteran’s injury was 53 years ago. Moreover, the examiner did not discuss in the rationale the Veteran’s report of continued pain since his injury in service. See September 2014 notice of disagreement; February 2020 VA examination. As a result, the opinion is inadequate, and remand for a new opinion is necessary. 

The matter is REMANDED for the following action:

1. The AOJ should arrange for a VA medical opinion, with examination of the Veteran only if deemed necessary by a medical professional, to determine the nature and likely cause of any right shoulder disability. The examiner should review the claim file (including this remand) and note such review was conducted. Based on review of the record, the examiner should provide an opinion with detailed rationale that responds to the following:

(a.) Please identify, by diagnosis, all right shoulder disabilities present during the appeal period (from October 2013).

(b.) For each right shoulder disability diagnosed, is it at least as likely as not (50% or greater probability) that such disability was either incurred in or otherwise related to the Veteran’s military service? Please explain why. The examiner may not solely rely on the absence of medical evidence during and following service and must discuss the Veteran’s lay statement regarding injury and flare-ups in the rationale provided.

2. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Sandler, 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.