Citation Nr: 21067736
Decision Date: 11/05/21	Archive Date: 11/05/21

DOCKET NO. 17-49 085
DATE: November 5, 2021

REMANDED

Entitlement to service connection for a bilateral elbow disorder is remanded.

Entitlement to service connection for a left shoulder disorder is remanded.

Entitlement to service connection for a right ankle disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 2004 to September 2012.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In November 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ). This decision is being made under the "one-touch" program. The hearing transcript will still be processed and associated with the claims file in the ordinary course of business. 

1. Entitlement to service connection for a bilateral elbow disorder.

2. Entitlement to service connection for a left shoulder disorder.

3. Entitlement to service connection for a right ankle disorder.

The Veteran contends that his left shoulder disorder is due to a fall while performing martial arts training and other combat training. He also contends that his elbow and right ankle disorder is due to extended low crawl maneuvers while performing combat training and during deployments. 

The Veteran was scheduled for a VA examination in 2013; however, he was working overseas, and he was unable to attend the examination. Although the Veteran was afforded VA examinations in 2016 for separate unrelated issues, it does not appear that he was scheduled for VA examinations for the issues on appeal. Moreover, in his September 2017 Form 9, the Veteran stated that he was never afforded VA examinations for his left shoulder, bilateral elbow, and right ankle disorders. As such, the claims must be remanded to afford the Veteran another opportunity for a VA examination. 

The Veteran is advised however that when a claimant fails to report, without good cause, for a VA examination scheduled in conjunction with an original compensation claim, the claim shall be rated based on the evidence of record. 38 C.F.R. § 3.655.

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment reports.

2. Schedule the Veteran for a VA examination with an appropriate examiner to determine the nature and etiology of any diagnosed bilateral elbow, right ankle, or left shoulder disorder. If an examination cannot be accomplished, the record should reflect such. Otherwise, for all diagnosed bilateral elbow, right ankle, or left shoulder disorders, the examiner is asked to opine on the following questions:

(A) Is it at least as likely as not (50 percent or more) that the Veteran's bilateral elbow disorder is related to active duty service?

(B) Is it at least as likely as not (50 percent or more) that the Veteran's left shoulder disorder is related to active duty service?

(C) Is it at least as likely as not (50 percent or more) that the Veteran's right ankle disorder is related to active duty service?

In rendering an opinion, the examiner should address the Veteran's contentions that his left shoulder disorder is due to a fall while performing martial arts training and other combat training. He also contends that his elbow and right ankle disorder is due to extended low crawl maneuvers while performing combat training and during deployments. 

A complete rationale must be provided for all opinions expressed.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Brennae L. Brooks, 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.