Citation Nr: 21075144 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 18-52 858 DATE: December 17, 2021 REMANDED Entitlement to service connection for a left shoulder disability is remanded. Entitlement to service connection for a low back disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Navy from July 2004 to July 2010. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2016 rating decision of the Department of Veterans Affairs (VA) regional office (RO) which, in pertinent part, denied entitlement to service connection for left shoulder and low back disabilities. The Veteran timely appealed the denial. In July 2021, the Veteran testified before the undersigned Veterans Law Judge in a virtual hearing. A copy of the hearing transcript is of record. 1. Entitlement to service connection for a left shoulder disability is remanded. 2. Entitlement to service connection for a low back disability is remanded. The Veteran maintains entitlement to service connection for left shoulder and low back disabilities which he avers began during his active duty service. A VA medical examination is required when there is competent evidence of a current disability, evidence of an in-service event, injury or disease, indication that a current disability may be service related (to include secondary service connection), and there is otherwise insufficient medical evidence to make a decision. McLendon v. Nicholson, 20 Vet. App. 79, 81-83 (2006). The threshold for determining whether the evidence "indicates" that there "may" be a nexus between a current disability and an in-service event, injury, or disease is a low one. McLendon, 20 Vet. App. at 83. Here, the Veteran contends that he has continued to have left shoulder problems (pain and recurrent dislocations) and low back pain since separation. The Board notes that he has some medical expertise due to his service as a hospital corpsman and is competent and credible to describe that which he experiences through his senses, including dislocations and pain. Further, service treatment records document a left shoulder labral tear and Bankart lesion as well as complaints of low back pain. The Board finds that the evidence in this case clears the "low" bar required by McClendon and a remand is necessary to provide the Veteran with VA examinations. The matters are REMANDED for the following action: 1. Schedule the Veteran for VA examinations for his claimed left shoulder and low back disabilities. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: a) Is any diagnosed left shoulder disability at least as likely as not related to service, to include as due to the documented in-service left shoulder labral tear and Bankart lesion? b) Is any diagnosed low back disability at least as likely as not related to service, to include as due to sleeping in full gear and the documented in-service complaints of low back pain? Provide a rationale to support the opinions. In providing the requested opinions, consider the Veteran's description of his/her in-service injury and symptoms as well as his post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran's reported injury and symptoms in service and thereafter represented the onset of his/her current disability, this should be noted. Stated another way, do the Veteran's reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran's reports generally inconsistent with medical knowledge or implausible? JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Bush 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.