Citation Nr: A21018945 Decision Date: 11/29/21 Archive Date: 11/29/21 DOCKET NO. 191024-40867 DATE: November 29, 2021 REMANDED Entitlement to service connection for acromioclavicular joint osteoarthritis, left shoulder is remanded. Entitlement to service connection for mild degenerative osteoarthrosis, right shoulder is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2003 to May 2004. On August 23, 2017, the President signed into law the Veteran's Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (to be codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105, also known as the Appeals Modernization Act (AMA). This law creates a new framework for Veterans dissatisfied with the Department of Veterans Affairs (VA) decision on their claim to seek review. An April 2019 rating decision denied service connection for left and right shoulder acromioclavicular joint osteoarthritis. The Veteran filed VA Form 20-0996 Request for Higher-Level Review. The Agency of Original Jurisdiction (AOJ) denied service connection for both claims in July 2019. The Veteran filed Form 10182 Notice of Disagreement (NOD) under the AMA Evidence Submission docket in October 2019. The Board must remand AMA appeals to the AOJ to correct pre-decisional duty to assist errors. See VA Claims and Appeals Modernization, 84 Fed. Reg. 138, 189-90 (Jan. 18, 2019) (to be codified at 38 C.F.R. § 20.802 (a)). In this case, the following pre-decisional duty to assist error was evident, and thus, a remand is required. The Veteran underwent a VA Shoulder and Arm Conditions examination in April 2019. The examiner failed to address the Veteran's contentions and did not provide a medical opinion addressing whether diagnosed left and right shoulder disabilities were caused by active service, service-connected chronic lumbosacral strain and lower extremity disabilities, or whether the disabilities manifested within one year of discharge. Accordingly, a remand is necessary for a nexus opinion and a VA examination if required by the examiner. McLendon v. Nicholson, 20 Vet. App. 79, 81-84 (2006); see also 38 U.S.C. § 5103A (d)(2); 38 C.F.R. § 3.159 (c)(4). The matters are REMANDED for the following action: Schedule an in-person examination with the Veteran. After review of the claims file and the in-person examination, respond to the below questions. A rationale must be provided for each response. (a.) Whether the Veteran's left shoulder acromioclavicular joint osteoarthritis and/or right shoulder mild degenerative osteoarthrosis is at least as likely as not related to active service or manifested within one year of discharge from active service. (b.) Whether the Veteran's left shoulder acromioclavicular joint osteoarthritis and/or right shoulder mild degenerative osteoarthrosis is at least as likely as not cause by his service-connected chronic lumbosacral strain and lower extremity disabilities. (c.) Whether the Veteran's left shoulder acromioclavicular joint osteoarthritis and/or right shoulder mild degenerative osteoarthrosis is at least as likely as not aggravated by his service-connected chronic lumbosacral strain and lower extremity disabilities. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mohammad Mahmoudi, 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.