Citation Nr: 21000113 Decision Date: 01/04/21 Archive Date: 01/04/21 DOCKET NO. 10-16 756 DATE: January 4, 2021 REMANDED Entitlement to service connection for a left shoulder disability is remanded. Entitlement to service connection for a right shoulder disability is remanded. Entitlement to service connection for sinusitis is remanded. Entitlement to service connection for headaches is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1996 to February 1997 and from May 2006 to February 2007, to include service in Southwest Asia. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a May 2008 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The issues were previously before the Board in July 2019, where they were remanded for additional development. They now return for further appellate review. The Board notes that additional issues of service connection for a temporomandibular joint (TMJ) dysfunction and bilateral knee disabilities were also remanded in July 2019. In a June 2020 rating decision, the RO granted these claims. As the awards of service connection represent full grants of the benefits sought, they are no longer on appeal. In its previous remand directive, the RO was instructed to request that the Veteran submit or identify any relevant evidence not already associated with the claims file. Review of the record indicates that the Veteran was not contacted by VA after the Board’s previous remand to identify any additional records. Of note, the Veteran reported to the December 2019 VA examiner that he has received treatment by private physicians for his sinusitis and shoulder pain, and the examiner specifically noted an absence of such records in his negative opinion. Thus, and despite the Veteran reporting to the December 2019 examiner that he has undergone no private treatment for his headaches, the Board cannot find that there was substantial compliance with its prior remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are therefore REMANDED for the following action: 1. Ask the Veteran to identify all outstanding treatment records relevant to his shoulder, headache, and sinusitis claims. All identified VA records should be added to the claims file. All other properly identified records, such as private treatment records he identified during his December 2019 VA examination, should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. (Continued on the next page)   2. Then, the record should again be reviewed. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a supplemental statement of the case and be given the opportunity to respond. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Scarduzio, 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.