Citation Nr: 21002567
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 16-21 627
DATE: January 14, 2021

REMANDED

Service connection for a low back disorder.

Service connection for a right shoulder disorder. 

REASONS FOR REMAND

In June 2019, the Veteran testified before the undersigned Veterans Law Judge.  A copy of the transcript has been associated with the claims file. In September 2019, the Board denied the claims. The Veteran appealed to the Veterans’ Claims Court. In June 2020, the Court Clerk vacated the Board’s decision in a Joint Motion for Partial Remand (JMPR) and remanded the claims for additional development. 

Specifically, the JMPR found that additional post-service medical records should be obtained from the Allentown VAMC. Further, the JMPR found that the January 2014 VA examination for a right shoulder disorder was inadequate, in that the examiner did not address all of the Veteran’s in-service right shoulder complaints and also did not have the records from the Allentown VAMC.

The matters are REMANDED for the following actions:

1. Obtain the Veteran’s clinical records from the Allentown VAMC. If these records are unable to be obtained that should be document in the record. 

2. Once these records have been obtained or a determination has been made that these records are not available, direct the claims file to a clinician to provide an opinion as to the following:

•	whether is it at least as likely as not (50 percent or greater probability) that a low back disorder began in service?

•	whether is it at least as likely as not (50 percent or greater probability) that a right shoulder disorder began in service?

If the clinician determines that an examination is necessary in order to provide the requested opinion, then ones should be scheduled.

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Ragofsky, Attorney Advisor 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.