Citation Nr: 21074947 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 17-21 572 DATE: December 16, 2021 REMANDED Entitlement to service connection for a right shoulder disability is remanded. REASONS FOR REMAND The Veteran served on active duty from February 2003 to January 2006. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision which denied entitlement to service connection for a right shoulder disability. In an April 2017 VA Form 9 (Appeal to the Board of Veterans' Appeals), the Veteran requested a Board videoconference hearing on the matter. A hearing was scheduled in April 2021 and the Veteran was notified by letter in March 2021. The Veteran failed to appear for the April 2021 hearing and has not presented good cause for failing to do so or requested to have the hearing rescheduled. Accordingly, the Veteran's request for a Board hearing is deemed withdrawn. 38 C.F.R. § 20.704(d). The Veteran was represented by Adam Neidenberg at the time this claim was certified to the Board in February 2018. Under 38 C.F.R. § 20.6, following certification of an appeal to the Board, a representative may not withdraw representation without good cause shown on motion. A copy of the motion must be sent to the veteran, who must be provided the opportunity to respond within 30 days of receipt. In October 2021, the Veteran's attorney submitted a Motion for Withdrawal and certified that a copy of the Motion had been sent to the Veteran. The Motion states that the basis for withdrawal is that the attorney has been unable to make contact with the Veteran for an unreasonable period of time. The Veteran was provided 30 days to respond to the Motion, but no response has been submitted. The Board thus finds that the continuation of representation is impossible or impractical, good cause has been shown for withdrawal, and the attorney's representation is terminated. See 38 C.F.R. § 20.6. Entitlement to service connection for a right shoulder disability is remanded. The Board cannot make a fully-informed decision on the issue of entitlement to service connection for a right shoulder disability at this time because no VA examiner has opined as to whether the Veteran's currently diagnosed supraspinatus tendonitis is related to in-service complaints of and treatment for right shoulder pain, diagnosed as possible deltoid injury. A remand is warranted for a VA examination and medical opinion. The matter is REMANDED for the following actions: 1. Obtain the Veteran's VA treatment records from February 2015 to the present. 2. Schedule the Veteran for a VA examination for his right shoulder disability, diagnosed as supraspinatus tendonitis. The examiner must review the claims file. The examiner is asked to provide a response to the following: Is the Veteran's supraspinatus tendonitis at least as likely as not related to service, including treatment for right shoulder pain in December 2003? Provide a rationale to support the opinion(s). 3. After completing the above, and any other development as may be indicated, the Veteran's claim should be readjudicated based on the entirety of the evidence. If the claim remains denied, the Veteran should be issued a supplemental statement of the case (SSOC). An appropriate period of time should be allowed for response. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Owen, 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.