Citation Nr: 21073919 Decision Date: 12/13/21 Archive Date: 12/13/21 DOCKET NO. 13-23 894 DATE: December 13, 2021 REMANDED Entitlement to an increased rating for bursitis of the right shoulder is remanded. REASONS FOR REMAND The Veteran had active service from January 1968 to October 1990. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded this matter for further development in September 2015, August 2018, July 2020, and March 2021. The case has since been returned to the Board. The Veteran seeks a higher disability rating for his right shoulder bursitis. Unfortunately, the Board finds another remand necessary to properly adjudicate the claim. The prior Board remands in July 2020 and March 2021, both requested a new examination for the Veteran's right shoulder bursitis, and directed the examiner's attention to the requirements under Correia v. McDonald, 28 Vet. App. 158 (2016). Specifically, the requirement concerning providing range of motion upon weight-bearing. Following the March 2021 Board remand, the Veteran was afforded two VA examinations in June 2021 and August 2021 for his right shoulder bursitis. The examiners noted that passive range of motion was the same as active range of motion and that there was no objective evidence of pain upon weight-bearing or non-weight-bearing; however, neither examination provided the range of motion measurements upon weight-bearing or non-weight-bearing in accordance with Correia and the prior remand directives. Therefore, the Board finds that there has not been substantial compliance with the remand directive, and remand is necessary again in order to properly develop the claim. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected right shoulder bursitis. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The claims file and a copy of this remand must be made available to the VA examiner for review. The examiner should record the results of range of motion testing on both active and passive motion and in weight-bearing and non-weight-bearing or state why such testing is not feasible in light of Correia v. McDonald, 28 Vet. App. 158 (2016). If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 2. After completing the above actions, to include any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran's claims should be readjudicated based on the entirety of the evidence. If any claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case. An appropriate period of time should be allowed for response. A. ADAMSON Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Lauritzen, 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.