Citation Nr: 21003841 Decision Date: 01/25/21 Archive Date: 01/25/21 DOCKET NO. 20-01 855 DATE: January 25, 2021 REMANDED Entitlement to service connection for a right shoulder disability is remanded. Entitlement to service connection for a left knee disability is remanded. Entitlement to service connection for diabetes mellitus is remanded. REASONS FOR REMAND The Veteran had active service from October 1972 to August 1992. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a January 2019 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to service connection for a right shoulder disability is remanded. The Veteran contends that he is entitled to service connection for a right shoulder disability because its onset was during service. See January 2019 Notice of Disagreement (NOD). In a December 2019 medical opinion, the examiner opined that it was less likely than not that the Veteran’s right shoulder disability was related to service. The examiner reasoned that there was no right shoulder complaint on his release from active duty 1975-1978 and an April 1991 record indicates that the Veteran had a right shoulder contusion. The Board finds that the December 2019 medical opinion is inadequate for adjudication purposes as it is inconsistent with the record and does not provide an adequate rationale. In that regard, the examiner notes that the Veteran had a right shoulder contusion in April 1991, but then notes that there is no medical record found about his condition. The examiner further states that there was no complaint or finding on the release from active duty in 1975-1978, but the Veteran was released from active duty in August 1992. Service treatment records indicate that in April 1991, the Veteran was treated for right shoulder discomfort. Therefore, the Board finds that a remand is necessary to obtain a medical opinion supported by adequate rationale and based on a review of the relevant service treatment records. 2. Entitlement to service connection for a left knee disability is remanded. The Veteran contends that he is entitled to service connection for a left knee disability because its onset was during service. See January 2019 NOD. Specifically, the Veteran contends that he underwent surgical repair of the left knee during service. See January 2020 VA Form 9. In a December 2019 medical opinion, the examiner opined that it was less likely than not that the Veteran’s left knee disability was related to service. The examiner reasoned that there was no evidence of a knee surgery in service as the Veteran reported. The Board finds that the December 2019 medical opinion is inadequate for adjudication purposes as it based on an inaccurate factual background. In that regard, the examiner does not appear to have considered the Veteran’s service treatment records which show that in February 1974, the Veteran was air evacuated after slipping on the deck of his ship. He complained of severe pain and swelling in the left knee. Therefore, the Board finds that a remand is necessary to obtain a medical opinion based on a review of the relevant service treatment records. 3. Entitlement to service connection for diabetes mellitus is remanded. In a January 2019 rating decision, the RO denied the Veteran’s claim for entitlement to service connection for diabetes mellitus. The same month, the Veteran filed a Notice of Disagreement (NOD) with the denial. However, the RO has not issued a Statement of the Case (SOC) in response to the NOD. Where a claimant files a notice of disagreement, and the RO has not issued a SOC, the issue must be remanded to the RO for issuance of an SOC. See Manlincon v. West, 12 Vet. App. 238, 240-241 (1999). Therefore, the Board remands the matter for the issuance of an SOC. The matters are REMANDED for the following action: 1. Issue a Statement of the Case that addresses the issue of service connection for diabetes mellitus. Inform the Veteran that he must perfect a timely appeal for this issue to be considered by the Board. If, and only if, the Veteran timely perfects the appeal, return the case to the Board. 2. Obtain an addendum opinion from an examiner who has note previously examined the Veteran if readily available (or Video tele-health examination and record review, if an in-person examination is not feasible), regarding the etiology of the Veteran’s shoulder and knee disabilities. The Veteran’s electronic claims folder, including a copy of this remand, must be available to the examiner for review. If the examiner feels that another examination is necessary, another examination should be scheduled. The examiner is requested to offer an opinion as to the following: Whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s right shoulder disability was incurred in or is otherwise related to service. Whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s left knee disability was incurred in or is otherwise related to service. The examiner’s attention is directed to the following: (a) February 1974 hospital admission for a left knee complaint and (b) April 1991 service treatment record indicating complaints of right shoulder pain. A complete rationale, with citation to appropriate medical principles, is requested. Michael A. Pappas Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Baskerville 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.