Citation Nr: 21073696
Decision Date: 12/10/21	Archive Date: 12/10/21

DOCKET NO. 10-29 798
DATE: December 10, 2021

REMANDED

Entitlement to a rating higher than 10 percent for a left shoulder disability prior to June 19, 2017, is remanded.

Entitlement to a rating higher than 20 percent for a left shoulder disability as of June 19, 2017, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1989 to October 2009.  

In March 2021, the Board remanded the case for further development.  

Entitlement to increased ratings for a left shoulder disability is remanded.

The March 2021 Board remand instructed the RO to obtain updated treatment records and examination.  The examiner was specifically instructed to provide an analysis of the current and retrospective limitations prior to June 19, 2017.  While the July 2021 VA examiner described the Veteran's current symptomatology and noted increased pain in the past three years, the examiner did not provide a retrospective opinion on limitation prior to June 19, 2017.  A remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand.  Stegall v. West, 11 Vet. App. 268 (1998).  Therefore, the Board is remanding the case for compliance with the March 2021 Remand requests.

The matter is REMANDED for the following action:

1. Obtain the Veteran's outstanding VA treatment records. 

2. Obtain a VA opinion on the current and retrospective severity of a service-connected left shoulder disability.  The examiner must review the claims file and should note that review in the report.  The opinion should include analysis of current and retrospective limitation, prior to June 19, 2017.  Based on a review of all pertinent lay and medical evidence, the examiner must, to the extent possible, provide estimates regarding the severity of the left shoulder disability, to include prior to June 19, 2017, with consideration of any functional limitation due to pain, incoordination, fatigability, weakened motion, excess motion, or on flare up.  The examiner should consider the Veteran's lay statements in providing an opinion regarding limitation of motion prior to and after June 19, 2017.  The medical and lay evidence of record should be taken into account and a rationale must be provided for any opinion expressed, to include reference to pertinent evidence where appropriate.  The opinion should include a statement as the effect of the service-connected left shoulder disability on occupational functioning and daily activities.  The examiner should provide a complete rationale for any opinions provided.  

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Kass, 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.