Citation Nr: 21076104
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 16-32 125
DATE: December 22, 2021

REMANDED

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

Entitlement to service connection for a left shoulder disability is remanded.  

REASONS FOR REMAND

The Veteran had active service from January 2009 to May 2012 and from April 2020 to May 2020.  He served in Iraq.  The Veteran had additional duty with the Massachusetts Army National Guard.   

Entitlement to service connection for a right shoulder disability and a left shoulder disability is remanded.  

The Veteran contends that service connection for both a right shoulder disability and a left shoulder disability is warranted as the right shoulder disability is related to an in-service injury and the left shoulder disability is related to either active service and/or the right shoulder disability. 

The record reflect that the Veteran was a member of the Massachusetts Army National Guard from 2008 to 2020.  It is unclear whether the Veteran remains an active member of the National Guard.  The Veteran's complete periods of active duty, active duty for training, and inactive duty for training with the Massachusetts Army National Guard have not been verified and the service treatment records associated with that duty have not been requested for incorporation into the record.  

The Department of Veterans Affairs (VA) should obtain all relevant service documentation which could potentially be helpful in resolving the Veteran's claims.  Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992).

The matters are REMANDED for the following action:

Contact the National Personnel Records Center (NPRC) and/or the appropriate service entity and request that the Veteran's periods of active duty, active duty for training, and inactive duty for training with the Massachusetts Army National Guard be verified and all available service treatment records associated with that duty be forwarded for incorporation into the record.   

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.R. Kardian, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.