Citation Nr: 21070997 Decision Date: 11/29/21 Archive Date: 11/29/21 DOCKET NO. 13-30 978A DATE: November 29, 2021 REMANDED Entitlement to a rating in excess of 20 percent for left shoulder rotator cuff impingement syndrome is remanded. REASONS FOR REMAND The Veteran served in the U.S. Army from April 1978 to January 1985. 1. Entitlement to a rating in excess of 20 percent for left shoulder rotator cuff impingement syndrome is remanded. The Board has remanded this issue four times in January 2018, December 2019, December 2020, and May 2021. In the December 2020 and May 2021 remands, the Board directed the Agency of Original Jurisdiction (AOJ) to obtain a new medical examination of the shoulder in compliance with the holding of the Court of Appeals for Veterans Claims in Correia v. McDonald, 28 Vet. App. 158, 169-70 (2016). Specifically, the Board directed the AOJ to obtain an examination where the examiner recorded range of motion test results, in degrees, for active motion, passive motion, in weight-bearing, and non-weight-bearing. The June 2021 examiner provided measurements for passive motion but did not address how pain could affect the Veteran's shoulder motion with weight-bearing, despite his reports of limitations lifting more than five pounds. Remand is necessary to obtain an examination addressing how pain could affect the Veteran's range of motion with weight bearing or explaining why such testing is not feasible in compliance with the Board's directives. See Stegall v. West, 11 Vet. App. 268 (1998). Additionally, the Veteran reported experiencing shooting pain, numbness, and weakness in his arm and hand, which he associated with his shoulder disability. On remand, the examiner should address whether the neurologic symptoms reported by the Veteran are part of his left shoulder strain and impingement syndrome or more likely due to a separate diagnosis. If found to be part of the left shoulder disability presentation, the examiner should complete an examination for the peripheral nerves. The matters are REMANDED for the following action: 1. Obtain and associate with the claims file any outstanding VA treatment records. 2. Obtain a new examination of the left shoulder. The examiner should report all signs and symptoms necessary for evaluation of the Veteran's left shoulder disability under the rating criteria. In particular, the examiner should provide range of motion test results on active and passive motion, and address how pain could limit motion during weight-bearing, expressed in degrees, or explain why such testing is not feasible. *The examiner should specifically indicate whether the Veteran experiences any limitation of motion that is attributable to pain and at what point during the range of motion. The examiner is asked to describe whether pain significantly limits functional ability during flares and, if so, the examiner must estimate the range of motion during flares. If there is no pain and/or no limitation of function, such facts must be noted in the report. *The examiner should address whether the reports of shooting pain, numbness, and weakness in the arm and hand are part of the left shoulder strain and impingement syndrome disability or more likely due to a separate diagnosis. If the symptoms are found to be part of the left shoulder disability presentation, the examiner should complete an examination of the peripheral nerves. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be considered. If the examiner rejects the Veteran's reports, the examiner must provide a reason for doing so. A. S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.P. Armstrong 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.