Citation Nr: 20028828 Decision Date: 04/24/20 Archive Date: 04/24/20 DOCKET NO. 09-45 888 DATE: April 24, 2020 REMANDED Entitlement to service connection for right shoulder disability, secondary to service-connected left foot disability, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1980 to January 1983. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of an October 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). This case was previously remanded by the Board in December 2011 and January 2019. At the time of the prior remand, the issue of entitlement to service connection for a left foot disability was also before the Board. After the remand, this issue was granted in a January 2020 rating decision. Accordingly, it is no longer before the Board. In July 2011, the Veteran testified before a Veterans Law Judge who is no longer employed by the Board. A transcript of the hearing is associated with the claims file. In an August 2018 letter, the Board advised the Veteran that the Veterans Law Judge before whom she had testified in July 2011 was no longer employed by the Board. She was offered the opportunity to appear at an additional hearing, but she did not respond. In accordance with the terms of the letter, the Board will proceed with consideration of the appeal based on the evidence of record. Service connection for right shoulder secondary to service-connected left foot disability remanded Regarding the Veteran’s claim for entitlement to service connection for a right shoulder disability, secondary to service-connected left foot disability, remand is required to provide the Veteran with a VA examination. VA has a duty to assist claimants to obtain evidence needed to substantiate a claim. See 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. VA’s duty to assist includes providing a medical examination when it is necessary to make a decision on a claim. 38 U.S.C. § 5103 (d); 38 C.F.R. § 3.159. Such development is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but (1) contains competent evidence of diagnosed disability or symptoms of disability, (2) establishes that the veteran suffered an event, injury or disease in service, or has a presumptive disease during the pertinent presumptive period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. 38 C.F.R. § 3.159 (c)(4); McLendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006) (noting that the third prong may be satisfied by lay evidence of continuity or equivocal or non-specific medical evidence). The Veteran has not yet been provided with an examination or opinion regarding her right shoulder injury. Here, July, August, and September 2009 surgical reports show that the Veteran had surgery to repair a torn tendon in her right shoulder. Additionally, the Veteran has competently asserted that her right shoulder disability resulted from operating a wheelchair she was required to use due to her service-connected left foot disability. Thus, there is evidence of a current disability and an indication that the disability may be associated with her service-connected left foot disability. Accordingly, remand is required for an examination. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature and etiology of any right shoulder disability. For any diagnosed right shoulder disability: provide an opinion whether it is at least as likely as not (50 percent or greater probability) that any right shoulder disability is proximately due to or aggravated beyond its natural progression by the Veteran’s service-connected disabilities, specifically to include her service-connected left foot disability, which necessitated the wheelchair use the Veteran claims caused her right shoulder disability. (The Board also points out a May 15, 2009 VA Physician Consult note shows the Veteran complained her right shoulder muscle “popped out” while bowling two months earlier). 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal. SHEREEN M. MARCUS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. St. Laurent, 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.