Citation Nr: 21072882 Decision Date: 12/06/21 Archive Date: 12/06/21 DOCKET NO. 13-31 473A DATE: December 6, 2021 REMANDED Entitlement to service connection for a left shoulder disability, including as secondary to service-connected cervical spine disability, is remanded. Entitlement to service connection for a right shoulder disability, including as secondary to service-connected cervical spine disability, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from June 1982 to May 1986. These matters come before the Board of Veterans' Appeals (Board) from a June 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In May 2017, the Veteran testified at a videoconference hearing before a Veterans Law Judge (VLJ) that has since retired. A transcript of the proceeding is of record. The Board remanded these issues in October 2017 and denied the same in June 2018. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court) and the issues were the subject of a joint motion for partial remand (JMPR) and approved by the Court in April 2019. In the JMPR, the parties pointed to conflicting findings in the October 2017 and June 2018 respective Board decisions regarding whether the Veteran had current disabilities of his shoulders, separate from his service-connected cervical spine degenerative disc disease. Consequently, the Board remanded these matters for additional development in December 2019. Thereafter, relying on the findings of the February 2020 VA examination, the Veteran's claims were again denied by the Board in June 2020. The Veteran appealed the Board's June 2020 denial of these issues to the Court for a second time, and subsequently, in a May 2021 Joint Motion for Remand (JMR), the Board's decision was vacated, and was remanded by the Court for further proceedings consistent with its May 2021 Motion, citing that the Board erred by not ensuring compliance with its December 2019 remand directives, as required pursuant to the holding in Stegall v. West, 11 Vet. App. 268 (1998). In an October 7, 2021 letter the Board notified the Veteran that the VLJ that conducted the May 2017 Board hearing is no longer with the Board, and he was offered an opportunity to testify at an optional hearing before a VLJ who would ultimately decide his case. On November 23, 2021, the Veteran informed the Board that he does not want another hearing and that his appeal should be decided on the evidence of record. Therefore, the Board is proceeding with adjudication of these matters. 1. Entitlement to service connection for a left shoulder disability, including as secondary to service-connected cervical spine disability, is remanded. 2. Entitlement to service connection for a right shoulder disability, including as secondary to service-connected cervical spine disability, is remanded. Specifically, the May 2021 JMR stated that the VA examiner did not address whether the Veteran has any current disability of either shoulder that is aggravated by his service-connected cervical spine disability, and on remand, the Board should ensure that the Veteran is afforded a VA examination that specifically addresses this question. Given the JMR findings, the Board finds that it must remand these matters for an addendum opinion addressing aggravation under the theory of secondary service connection. The matters are REMANDED for the following action: 1. Obtain an addendum opinion from the examiner that conducted the February 2020 examination (Medical Opinion Disability Benefits Questionnaire) for the Veteran's left and right shoulder disabilities. If the February 2020 VA examiner is not available, the record should be provided to an appropriate medical professional to render the requested opinion. The need for another examination of the Veteran is left to the discretion of the examiner selected to provide the opinion. The claims file, including all pertinent VA and private medical reports of record and a copy of this Remand must be made available to and reviewed by the examiner, and the examination report should reflect that this was done. Thereafter, the examiner must provide the requested responses for the following: a) State whether it is at least as likely as not (50 percent probability or greater) that any current disability of the Veteran's left shoulder has been aggravated (worsened beyond natural progression) by his service-connected cervical spine degenerative disc disease with spondylosis. b) State whether it is at least as likely as not (50 percent probability or greater) that any current disability of the Veteran's right shoulder has been aggravated (worsened beyond natural progression) by his service-connected cervical spine degenerative disc disease with spondylosis. The term "aggravation" means a permanent increase in the claimed disability; that is, an irreversible worsening of the condition beyond the natural clinical course and character of the condition due to the service-connected disability, as contrasted to a temporary worsening of symptoms. The examiner must provide a complete rationale for all opinions. If the examiner cannot provide the requested opinions without resorting to speculation, it must be so stated, and the examiner must provide the reasons why any such opinion would require speculation. 2. The Agency of Jurisdiction (AOJ) should ensure completion of the foregoing and any other necessary development for compliance with these Remand directives, and then readjudicate the Veteran's claims. SCOTT W. DALE Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J.B. King, Associate Attorney 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.