Citation Nr: 21067404
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 17-26 114
DATE: November 4, 2021

REMANDED

Entitlement to a disability rating in excess of 20 percent for osteoarthritis with calcified peri-tendinosis of the left shoulder is remanded.

INTRODUCTION

The Veteran had active service from April 1949 to July 1969.

In June 2021, the United States Court of Appeals for Veterans Claims (Court) granted a joint motion for partial remand (JMPR) and returned the issue of entitlement to a disability rating in excess of 20 percent for osteoarthritis with calcified peri-tendinosis of the left shoulder to the Board for action consistent with the joint motion.

REASONS FOR REMAND

When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate.  Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).  To be considered adequate, a musculoskeletal examination must include an assessment of the veteran's flare-ups, as well as range of motion measurements in weight bearing, non-weight bearing, and in passive motion.  See Sharp v. Shulkin, 29 Vet. App. 26 (2017); see also Correia v. McDonald, 28 Vet. App. 158 (2016).

In the course of the above-referenced JMPR, the parties agreed prior examinations of the Veteran's left shoulder conducted in May 2016 and September 2019 were deficient, as those examinations failed to provide these critical evaluation criteria.   As such, a remand is necessary in order to obtain an adequate examination at this time.  

Accordingly, the case is REMANDED for the following action:

Afford the Veteran a VA examination by an examiner with sufficient expertise to fully assess the severity of the Veteran's service-connected left shoulder disability.  All pertinent evidence of record should be made available to and reviewed by the examiner.  Any indicated studies should be performed.

Ensure the examiner provides all information required for rating purposes, to specifically include both active and passive range of motion testing, as well as weight-bearing and nonweight-bearing range of motion assessments.

In addition, the examiner must consider and discuss all procurable and assembled data such as the frequency, duration, characteristics, precipitating and alleviating factors, and the severity of the flare-ups, and then provide an assessment of the functional loss during flares, if possible in degrees of motion lost.

If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary, he or she should be directed to clearly explain why that is so.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Fraser, 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.