Citation Nr: 21076593
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 14-28 566
DATE: December 27, 2021

REMANDED

Entitlement to a disability rating greater than 10 percent for a left shoulder extrinsic muscle injury to Muscle Group I is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from November 1992 to September 1993.

This appeal has a long procedural history. 

He requested a video conference Board hearing and was scheduled for hearings in March, April, and November 2018.  He withdrew his hearing request in October 2018.  See 38 C.F.R. § 20.704.

In February 2019 and January 2021, the Board remanded the currently appealed claim to the Agency of Original Jurisdiction (AOJ) for additional evidentiary development.  Having reviewed the record evidence, and although the Board is reluctant to contribute to "the hamster-wheel reputation of Veterans law" by remanding this claim again, additional development is required before the underlying claim can be adjudicated on the merits.  Cf. Coburn v. Nicholson, 19 Vet. App. 427, 434 (2006) (Lance, J., dissenting) (finding that repeated remands "perpetuate the hamster-wheel reputation of Veterans law").

In June 2021, the Veteran was afforded VA Disability Benefits Questionnaire (DBQ) examinations for muscle injuries and shoulder and arm conditions by the same examiner.  Following the clinical evaluations, the VA examiner concluded the Veteran's service-connected diagnosis of muscle injury has resolved and there is no objective evidence of a current shoulder muscle injury; however, September 2015 x-ray results of the left shoulder revealed arthritis.  While the VA examiner concluded the new diagnosis is a separate condition from the resolved muscle injury and the September 2015 left shoulder x-rays showed age-related changes to acromioclavicular (A/C) joint, this examiner also noted the Veteran's medical history includes a hurt left shoulder and first degree A/C separation.  

The Veteran's attorney submitted a written brief in August 2021 arguing that remand is required in order to obtain an addendum opinion concerning the current nature and severity of his service-connected left shoulder extrinsic muscle injury to Muscle Group I.  Given the foregoing, the Board finds that, on remand, the AOJ should obtain an addendum VA medical opinion which addresses this matter.  

The matter is REMANDED for the following actions:

1.  Return the claims file to the clinician who conducted the June 2021 VA DBQ examinations for muscle injuries and shoulder and arm conditions or another appropriate clinician for an addendum opinion.  The Veteran does not need to report for examination.  

Based on a review of the claims file, the clinician is asked to state whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran's diagnosis of arthritis in the left shoulder is related to an incident in service (first degree left shoulder A/C separation) or if his symptoms of arthritis began within one year after his discharge from service.  A rationale must be provided for any opinion(s) expressed.  If any requested opinion(s) cannot be provided without resorting to speculation, then the clinician must explain why this is so.

The clinician is advised that the lack of contemporaneous records documenting complaints of or treatment for arthritis in the left shoulder, alone, is insufficient rationale for a medical nexus opinion. 

2.  Review the completed addendum opinion and determine whether it complies substantially with the terms of this REMAND.  If not, please take appropriate corrective action.

3.  Readjudicate the appeal.

 

 

MICHAEL T. OSBORNE

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Carter, 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.