Citation Nr: 21073324 Decision Date: 12/08/21 Archive Date: 12/08/21 DOCKET NO. 13-15 267 DATE: December 8, 2021 REMANDED Entitlement to service connection for a left shoulder condition is remanded. Entitlement to service connection for a right shoulder condition is remanded Entitlement to service connection for a neck condition is remanded. Entitlement to service connection for a lower back condition is remanded. REASONS FOR REMAND The Veteran served in the United States Army from February 1966 to February 1968 and from September 1990 to May 1991. Unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding the issue of entitlement to service connection. Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). As an initial matter, the Veteran's complete period of service in the USAR, to include weekend drills on inactive duty for training (INACDUTRA) from 1968 to 1990, has not been verified. On remand, the AOJ should make reasonable attempts to verify, through service department records, the periods of the Veteran's duty status during his USAR service, with particular focus on his duty status from 1968 to 1990. 1. Entitlement to service connection for a left shoulder condition. 2. Entitlement to service connection for a right shoulder condition. The Board cannot make a fully informed decision on the issue of entitlement to service connection for a bilateral shoulder condition because no VA examiner has adequately addressed the date of diagnosis for the Veteran's current diagnosed bilateral shoulder condition. The previous VA examination and medical opinion conflict with respect to the current diagnosis for the Veteran's bilateral shoulder condition. The December 2020 VA examination only identifies a shoulder strain diagnosis from 2008. The April 2021 addendum opinion identifies a bilateral acromioclavicular osteoarthritis and bilateral rotator cuff impingement diagnosis but does not specify the date of this diagnosis. 3. Entitlement to service connection for a neck condition. The Board cannot make a fully informed decision on the issue of entitlement to service connection for a neck condition because no VA examiner has adequately addressed the date of diagnosis for the Veteran's current diagnosed neck condition. The previous VA examination and medical opinion conflict with respect to the current diagnosis for the Veteran's bilateral shoulder condition. The December 2020 VA examination identifies a cervical strain diagnosis from 1990. The April 2021 addendum opinion identifies a cervical disc protrusions and degenerative spondylosis diagnosis but does not specify the date of this diagnosis, merely that it was "confirmed multiple years post-service." 4. Entitlement to service connection for a lower back condition. The Board cannot make a fully informed decision on the issue of entitlement to service connection for a lower back condition because no VA examiner has adequately opined whether the current lower back diagnosis clearly and unmistakably preexisted active-duty service and, if so, was aggravated beyond natural progression by active-duty service. The most recent VA medical opinions are inadequate with respect ot this question. Specifically, the January 2021 opinion was inadequate as it did not include rationale in support of the conclusion and referenced medical literature without providing any citation. The matters are REMANDED for the following action: 1. Obtain the Veteran's complete service personnel records, to include all documents pertaining to his reserve service in the USAR. Verify all active duty for training (ACDUTRA) and inactive duty training (INACDUTRA) dates for alleged service in the USAR from 1968 to 1990. If necessary, a request should be made to the Defense Finance and Accounting Service (DFAS). Document all requests for information as well as all responses in the electronic claims file. 2. Obtain an addendum opinion from an appropriate clinician determining the date of onset of the Veteran's current bilateral shoulder condition. The opinion should also state whether the Veteran's bilateral shoulder condition is at least as likely as not related to active-duty service. 3. Obtain an addendum opinion from an appropriate clinician determining the date of onset of the Veteran's current diagnosed neck condition. The opinion should also state whether the Veteran's neck condition is at least as likely as not related to active-duty service. 4. Obtain an addendum opinion from an appropriate clinician regarding whether his diagnosed lumbar spine disability clearly and unmistakably (undebatable) preexist the Veteran's service? If the examiner finds the condition did clearly and unmistakably preexist service, was it clearly and unmistakably not aggravated by service? If the examiner finds that the condition either did not clearly and unmistakably preexist service or was not clearly and unmistakably not aggravated by service, the examiner must opine whether it is at least as likely as not related to service. J. Dworkin Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P.S. McLeod 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.