Citation Nr: 20021719 Decision Date: 03/26/20 Archive Date: 03/26/20 DOCKET NO. 13-23 831 DATE: March 26, 2020 REMANDED Entitlement to service connection for a right shoulder disability, to include as secondary to the Veteran’s allergic rhinitis, is remanded. Entitlement to service connection for a left shoulder disability, to include as secondary to the Veteran’s allergic rhinitis, is remanded. REASONS FOR REMAND The Veteran had active military service from January 1968 to September 1971. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In November 2017, the Board remanded these claims for an additional VA examination. The Board finds that the RO substantially complied with these instructions, and the Board may now proceed with adjudication. See Stegall v. West, 11 Vet. App. 268 (1998). The Board acknowledges that the RO issued a supplemental statement of the case (SSOC) in March 2019. In June 2019, the Veteran filed a supplemental claim form, VA Form 20-0995, seeking service connection for his bilateral shoulder disabilities under the Appeals Modernization Act (AMA), the modernized review system. It is unclear whether the Veteran intended to opt into the AMA framework for the current claims on appeal; however, since he did not submit a VA Form 10182, which is required for a valid opt-in to the AMA, his claims on appeal must be adjudicated under the legacy appeals framework. 1. Entitlement to service connection for a right shoulder disability, to include as secondary to the Veteran’s allergic rhinitis, is remanded. 2. Entitlement to service connection for a left shoulder disability, to include as secondary to the Veteran’s allergic rhinitis, is remanded. The Veteran asserts that he suffers from bilateral shoulder disabilities as a result of his active service, including as secondary to his service-connected allergic rhinitis. During the Veteran’s March 2019 VA examination for shoulder conditions, the VA examiner indicated that the Veteran’s shoulder conditions were at least as likely as not aggravated by his service-connected disability, however her rationale addressed causation, stating that these conditions were less likely than not incurred in or caused by the Veteran’s allergic rhinitis. Since the rationale for the finding does not address the opinion regarding aggravation, these claims must be remanded for an addendum opinion so that the VA examiner can clarify her findings. The matters are REMANDED for the following actions: 1. Make efforts to obtain all outstanding medical records in accordance with the duties set forth in 38 C.F.R. § 3.159(c). 2. After all outstanding records have been associated with the claims file, forward the Veteran’s claims file to the March 2019 examiner or, if unavailable, another qualified medical professional and request an addendum opinion as to the current nature and etiology of the Veteran’s bilateral shoulder conditions. A new VA examination may be conducted if necessary. The claims file, to include a copy of this Remand, must be made available to and be reviewed by the examiner, and the examiner must indicate review of the file in the examination report. After reviewing the evidence, the examiner must indicate whether the left and right shoulder conditions are at least as likely as not aggravated, or worsened, as a result of the Veteran’s service-connected allergic rhinitis. All opinions must be supported by a rationale. 3. Then, readjudicate the Veteran’s claims on appeal. If the benefits sought on appeal remain denied, provide the Veteran and his representative a supplemental statement of the case and allow an appropriate period for response. AMANDA G. ALDERMAN Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Hicks, 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.