Citation Nr: 21074598
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 17-50 819
DATE: December 15, 2021

REMANDED

Entitlement to service connection for a right shoulder disorder is remanded.

REASONS FOR REMAND

The Veteran had active service from May 1996 to October 2005 with additional Reserve service. He also attended the U.S. Air Force Academy from June 1992 to May 1996.

1. Entitlement to service connection for a right shoulder disorder is remanded.

Remand is necessary to obtain an adequate VA opinion.  

Pursuant to the March 2019 Board remand, the Veteran was afforded a VA examination and opinion in October 2019.  The VA examiner noted a diagnosis of "residuals of right shoulder subluxation 1987 and dislocation 1995 s/p surgery x 2."  The examiner opined that the Veteran had a right shoulder disability that clearly and unmistakably pre-existed service.  She noted the right shoulder subluxation in 1987 and dislocation in 1995.  The Veteran's service began in May 1996. However, the Board finds this opinion to be inadequate. 

The Veteran's time as a cadet in the Air Force Academy counts as active service for purposes of his disability benefits. 38 U.S.C. § 101(21)(D) (providing that active duty service includes service as a cadet at the United States Air Force Academy); 38 C.F.R. § 3.6(b)(4). Therefore, the Board finds that the injury to the Veteran's right shoulder was sustained during active duty. 

The question that remains is whether the Veteran has a right shoulder disability during the period on appeal.  At the October 2019 VA examination, the VA examiner noted a diagnosis of "residuals of right shoulder subluxation 1987 and dislocation 1995 s/p surgery x 2." Objective testing showed limited range of motion in his right shoulder. However, the examiner opined that "there are no new right shoulder conditions since 1995." 

An addendum VA opinion is necessary to determine whether the residuals of the Veteran's injury during his period as a cadet in the Air Force Academy constitutes a current disability. The examiner must consider that a Veteran's pain must create a functional impairment to establish the presence of a disability. For a successful claim, a Veteran must show that his pain reaches the level of a functional impairment of earning capacity. Saunders v. Wilkie, 886 F.3d 1356, 1367-68 (Fed. Cir. 2018).  Therefore, remand is necessary for an opinion in this regard. 

The matters are REMANDED for the following action:

Return the claims file to the October 2019 VA examiner for a VA addendum opinion.  If the examiner is unavailable, a suitable replacement must be provided.  If the VA examiner determines that additional examination(s) of the Veteran is necessary to provide a reliable opinion, such examination(s) should be scheduled; however, the Veteran should not be required to report for another examination as a matter of course, if it is not found to be necessary. 

The VA examiner should provide the following opinion:

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Does the Veteran have a current right shoulder disability, to include pain resulting in functional loss, at any time during the relevant claims period on appeal?

 

E. Choi

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Shana Z. Siesser, 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.