Citation Nr: 21070337 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 09-47 131 DATE: November 23, 2021 REMANDED Entitlement to service connection for a right shoulder disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from February 1979 to February 1983. The matter was previously before the Board in July 2014, August 2016, November 2017, February 2020, and January 2021. Most recently the claim was remanded for an addendum opinion addressing the Veteran's lay statements as to the onset of symptoms related to his right shoulder disability. An addendum opinion was associated with the file in July 2021. The claim has been returned to the Board for appellate review. Entitlement to service connection for a right shoulder disability is remanded. A remand by the Board confers upon the claimant, as a matter of law, the right to compliance with the remand orders. Where the remand orders of the Board were not complied with, the Board must ensure compliance. See Stegall v. West, 11 Vet. App. 268, 271 (1998). This obligation is mandatory, not discretionary. Regrettably, further remand is required to ensure compliance with the January 2021 remand directives. In the January 2021 remand, the Board requested an addendum opinion considering the Veteran's lay statements that injured his right shoulder condition began in service. As noted, in July 2021, an addendum opinion was provided which included a negative nexus; however, the Board finds the opinion inadequate as the examiner once again relied solely on the lack of documented complaints and treatment during service. The examiner's rationale reveals that she failed to consider the Veteran's statements regarding onset of symptoms as early as 1980. Without providing any medical basis to doubt the Veteran's statements, the examiner relied solely on the lack of medical evidence to support her opinion. Accordingly, the Board finds that another addendum opinion is necessary to ensure compliance with the January 2021 remand directives. The matters are REMANDED for the following action: 1. The Veteran should be given an opportunity to identify any outstanding private or VA treatment records relevant to the claims on appeal. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained 2. Following the receipt of outstanding records, obtain an addendum opinion from the July 2021 VA examiner, or if that examiner is unavailable, from an appropriate examiner to determine the nature and etiology of the Veteran's right shoulder disorders. The need for a physical examination is left to the discretion of the medical professional offering the medical opinion. The record must be made available to the examiner for review, and the examiner should indicate that the record was reviewed in connection with the examination. All indicated tests and studies should be accomplished and the findings then reported in detail. Based on the review of the record, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present right shoulder disorder, to include degenerative arthritis, had its onset during his active service or is otherwise etiologically related to such service? The examiner must consider the Veteran's lay statements regarding the onset and continuity of his symptoms, to include his reports that he began experiencing shoulder pain during in-service physical training. The examiner is advised that a lack of documented complaints and medical treatment during or after service is not fatal to the Veteran's claim. If there is a medical basis to doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. A complete rationale should be given for each opinion expressed. In this regard, a discussion of the facts and medical principles involved would be considerable assistance to the Board. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Sherman Associate 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.