Citation Nr: 21006770 Decision Date: 02/05/21 Archive Date: 02/05/21 DOCKET NO. 14-13 060 DATE: February 5, 2021 REMANDED Entitlement to service connection for left shoulder disability is remanded. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and an anxiety disorder, is remanded. REASONS FOR REMAND The Veteran had honorable active duty service with the United States Army from August 1976 to July 1995. These matters are before the Board of Veteran’s Appeals (Board) from September 2012 and September 2014 decisions of a Department of Veterans Affairs (VA) Regional Office (RO). In January 2020, the Board remanded the Veteran’s claim for additional development. The claim has since been returned to the Board for further appellate action. Although the Board regrets the additional delay, further development of the record is required before the Board may render a decision in the instant case. When the Board’s remand requests are not satisfied, the Board errs as a matter of law when it fails to ensure compliance. Stegall v. West, 11 Vet. App. 268 (1998). 1. Entitlement to service connection for left shoulder disability is remanded. In January 2020, the Board remanded the Veteran’s claim for entitlement to service connection for a left shoulder disability to obtain an addendum VA opinion. In February 2020 the Veteran underwent VA examination. The examiner noted diagnoses of shoulder impingement syndrome in 2017 and rotator cuff tendinopathy in 2020. The examiner offered an etiology opinion with respect to the Veteran’s left shoulder impingement syndrome only. However, the Board notes that imaging of the Veteran’s left shoulder done in June 2014 was read to show moderately severe left glenohumeral osteoarthritis and moderate acromioclavicular joint arthritis. In a May 2019 VA examination, the examiner also noted the Veteran’s diagnosis of shoulder arthritis. As the January 2020 VA opinion does not address all left shoulder diagnoses, to include arthritis, the Board finds that an addendum opinion is needed. 2. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and an anxiety disorder is remanded. In January 2020, the Board remanded the Veteran’s claim for entitlement to service connection for an acquired psychiatric disorder to obtain an addendum opinion. The Veteran was afforded a VA examination in February 2020. The examiner opined that the Veteran does not meet the criteria for a diagnosis of PTSD but did diagnose unspecified anxiety disorder. The examiner opined that the Veteran’s diagnosed psychiatric conditions are less likely than not related to the Veteran’s service. As rationale the examiner stated: “The veteran reported that his anxiety began about six years ago. He gets anxious at work due to the pressure to complete tasks quickly. The veteran worries about his work and has difficulty falling back to sleep due to worrying about current life stressors. The veteran gets good performance evaluations at work. He is on FMLA due to back pain. He tries to avoid getting into arguments at work.” The Board finds that the rationale for the opinion is inadequate. That a condition onset after service is not alone a bar to service connection. The remainder of the examiner’s rationale is essentially a recitation of the Veteran’s symptoms. The Board finds that an addendum opinion should be obtained that provides a complete rationale for all opinions offered. The matters are REMANDED for the following action: 1. Obtain an addendum opinion from the January 2020 VA examiner, or if unavailable, another suitably qualified examiner. A new examination is not required unless the VA examiner opines one is necessary. The examiner is asked to opine as to the following for each identified left shoulder disability, including arthritis: (a.) Whether it is at least as likely as not that the condition onset in service or within a year of the Veteran’s separation from service or is causally related to his service, to include lifting heavy objects. (b.) Whether it is at least as likely as not that the condition was caused or aggravated by any of the Veteran’s currently service-connected disabilities, to include the Veteran’s right shoulder disability and degenerative disc disease of the spine. In formulating the above opinions, the examiner must consider and discuss all lay statements and assertions provided by the Veteran. A complete rationale must be provided for all opinions offered. 2. Obtain an addendum opinion from the February 2020 VA examiner, or if unavailable, another suitably qualified examiner. A new examination is not required unless the VA examiner opines one is necessary. The examiner is asked to opine as to the following for all diagnosed psychiatric disorders, to include PTSD and anxiety disorder: (a.) Whether it is at least as likely as not that the condition onset in service or is causally related to service, to include as due to the stressor events the Veteran has reported experiencing in service. In formulating the above opinions, the examiner must consider and discuss all lay statements and assertions provided by the Veteran. A complete rationale must be provided for all opinions offered. The examiner is reminded that the onset of a disability after service is not alone a bar to service connection. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Christensen 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.