Citation Nr: 21006012
Decision Date: 02/03/21	Archive Date: 02/03/21

DOCKET NO. 18-27 282
DATE: February 3, 2021

REMANDED

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

REASONS FOR REMAND

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In October 2020, the Board remanded the claim for an adequate etiology opinion. 

While the matter was remanded, the Veteran’s claims for service connection for a neck and low back disability were granted in a November 2020 rating decision. As this represented full relief for those claims, they are no longer before the Board.

Regarding the Veteran’s remaining claim for service connection for a left shoulder condition, though the directed opinion was provided in October 2020, the examiner’s reasoning relied on an inaccurate factual premise and therefore is inadequate. Specifically, the examiner’s negative opinion was based on her finding that the Veteran first complained of left shoulder pain in September 2007, after painting for extended period of time. However, of record are treatment notes from February 2002 and February 2006 showing treatment sought for complaints of left shoulder pain. Since the opinion was based on an incorrect fact, it is inadequate, and a new one must be provided. Reonal v. Brown, 5 Vet. App. 458, 461 (1993); Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). 

The matter is REMANDED for the following action:

1. Associate with the Veteran’s claims file any VA treatment records not already of record (any records generated since October 2020). 

2. Obtain an addendum opinion from the clinician who authored the October 2020 opinion regarding the etiology of the Veteran’s left shoulder condition. If she is unavailable, obtain the opinion from another clinician. If the clinician finds that a new examination would be helpful, schedule one.

The clinician must opine whether any left shoulder condition is at least as likely as not due to the Veteran’s service, to include injuries sustained when thrown around in the back of an ambulance in a motor vehicle accident. It is noted that medical records show the Veteran sought treatment for his left shoulder at least as early as 2002. 

3. After the above development and any other development deemed necessary is completed, readjudicate the Veteran’s claim.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Davis, 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.