Citation Nr: 21076961 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 17-35 189 DATE: December 28, 2021 REMANDED Entitlement to service connection for a left shoulder condition, to include adhesive capsulitis ("frozen shoulder") is remanded. REASONS FOR REMAND The Veteran had active-duty service from May 1993 to November 1996. This matter comes before the Board of Veterans' Appeals (Board) from an October 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Upon remand, the Veteran's claim for a lower back condition was fully granted and is therefore no longer on appeal. See July 2020 rating decision; Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997). 1. Entitlement to service connection for a left shoulder condition, to include adhesive capsulitis ("frozen shoulder") is remanded. Upon remand, the Veteran was afforded a VA medical examination to assess the nature and etiology of his claimed for left shoulder condition. See February 2020 VA medical examination. Upon review, the Board does not find that the VA examiner addressed the Veteran's lay statements of having experienced pain in his left shoulder since service as requested in its December 2019 remand directives. See, e.g., December 22, 2011 VA treatment record; January 3, 2012 VA treatment record. Rather, contrary to the Veteran's reports of continuous pain, the February 2020 VA examiner relied upon a significant gap in his medical records. See Reonal v. Brown, 5 Vet. App. 458, 461 (1993) (holding that the Board may reject a medical opinion based on an inaccurate factual basis). The Board notes that the Veteran is competent to report pain, and his reports of having experienced continuous pain since service are made credible by his VA treatment records. See Layno v. Brown, 6 Vet. App. 465, 471 (1994). As such, the Board finds that an additional remand is required here to ensure substantial compliance has been met relative to addressing the aforesaid lay statements of record as directed by the Board in its December 2019 remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following action: Obtain an addendum medical opinion upon remand addressing the nature and etiology of the Veteran's claimed for left shoulder condition. Upon review of the record, to include this remand, and as directed below, the VA examiner is requested to opine as to the following: Is it at least as likely as not (50 percent probability or greater) that the Veteran's claimed for left shoulder condition incurred in-service, or is otherwise directly related to service, to include as due to, but not limited to, the injuries he sustained from falling off a truck during service in 1994, and/or from dislocating his left shoulder during service in 1995? The VA examiner must address the lay testimony of record by the Veteran indicating that he has suffered from left shoulder pain ever since service. See VBMS, document titled "CAPRI," receipt dated August 16, 2012 (VA treatment records December 22, 2011 and January 3, 2012 therein). Note that the lack of documented treatment in service, or a long period after, while probative, cannot serve as the sole basis for a negative finding. The Veteran's lay contentions must be considered and weighed in making the determination. The examiner is asked to explain the reasons behind any opinions expressed and conclusions reached. The examiner is reminded that the term "as likely as not" does not mean "within the realm of medical possibility," but rather that the evidence of record is so evenly divided that, in the examiner's expert opinion, it is as medically sound to find in favor of the proposition as it is to find against it. Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.R. Fey, Associate 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.