Citation Nr: 21071798 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 18-41 194 DATE: December 1, 2021 REMANDED Entitlement to an evaluation in excess of 30 percent prior to July 5, 2017, for right shoulder ankylosis (previously evaluated as right shoulder impingement syndrome with glenohumeral joint osteoarthritis, associated with recurrent right shoulder dislocation), is remanded. REASONS FOR REMAND The Veteran had active service from April 1943 to November 1943. In a September 2020 decision, the Board of Veterans' Appeals (Board) denied the Veteran's claim of entitlement to an evaluation in excess of 30 percent prior to July 5, 2017, for right shoulder impingement syndrome with glenohumeral joint osteoarthritis. The Veteran appealed the denial of his claim to the United States Court of Appeals for Veterans Claims (Court). Then, in a July 2021 Order, the Court granted the parties' Joint Motion for Partial Remand (JMPR). The Board also acknowledges a June 2021 Mandate, in which the Court directed that the Board's April 2020 decision, which denied effective dates earlier than July 5, 2017 for a right-hand disability and special monthly compensation, be reversed and remanded for further proceedings consistent with its decision. In correspondence dated September 30, 2021, the Board notified the Veteran that he has 90 days from the date of the letter (September 30, 2021) to submit additional arguments. As the Veteran has not yet responded, and as the 90-day response period has not yet ended, these issues will be addressed in a separate Board decision. This appeal has been advanced on the Board's docket pursuant to 38 U.S.C. § 7107 (a)(2). In the July 2021 JMPR, the parties agreed that a remand was necessary for VA to obtain a retrospective medical opinion in accordance with the Board's November 2018 remand directives. Specifically, the November 2018 remand instructions directed the VA examiner to review all medical records and consider the lay statements of the Veteran, and provide a retrospective opinion regarding the severity of the Veteran's right shoulder dislocation disorder from November 1945 to the present. The examiner did not provide such opinion. Thus, to comply with both the November 2018 remand directives and the July 2021 JMPR, another remand is necessary. Accordingly, the matter is REMANDED for the following action: 1. Associate all outstanding VA and non-VA treatment records related to the Veteran's right shoulder disability with the claims file. 2. Then, forward the Veteran's claims file to an appropriate VA clinician to obtain a medical opinion to determine the severity of the Veteran's service-connected right shoulder dislocation and impingement syndrome prior to July 5, 2017. The entire claims file, including a complete copy of this Remand, should be made available to, and be reviewed by, the clinician, and the clinician should note such review. If necessary, schedule the Veteran for a new VA orthopedic examination to address the full medical history and severity of his right shoulder disability. The examiner is asked to review all medical records and consider the lay statements of the Veteran, and provide a retrospective opinion regarding the severity of the Veteran's right shoulder ankylosis (previously rated as right shoulder impingement syndrome with glenohumeral joint osteoarthritis associated with recurrent dislocation of the right shoulder) from November 1945 to the present. A complete and fully explanatory rationale must be provided for any opinion offered. If any opinion cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge, i.e., no one could respond given medical science and the known facts, or by a deficiency in the record or the examiner, i.e., additional facts are required, or the examiner does not have the necessary knowledge or training. (Continued on the next page) If symptoms indicative of an exceptional or unusual disability picture are found on examination or in the Veteran's medical treatment records, refer the claim to the Director of Compensation Service for consideration of an extraschedular rating for the Veteran's right shoulder disability. No action is required of the Veteran until he is notified by VA. However, he is advised of his obligation to cooperate in ensuring that the duty to assist is satisfied. Kowalski v. Nicholson, 19 Vet. App. 171 (2005). His failure to report for a VA medical examination may impact determinations made. 38 C.F.R. § 3.655. The Veteran is also advised that he has the right to submit additional evidence and argument with respect to this matter. Kutscherousky v. West, 12 Vet. App. 369 (1999). This appeal must be afforded prompt treatment. A. J. Spector Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Trowers, 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.