Citation Nr: 21009251
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 13-88 958A
DATE: February 22, 2021

REMANDED

Entitlement to service connection for left shoulder condition, to include as secondary to service-connected residuals of a partial dislocation of the right acromioclavicular joint (right shoulder disability), is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the United States Army from April 1957 to March 1959.

This matter is before the Board of Veterans’ Appeals (Board) on appeal from an April 2012 decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In October 2017, the Board remanded the appeal for further development.  Subsequently, in April 2019, the Board denied the claim of entitlement to service connection for left shoulder condition.  In a July 2020 Order, the United States Court of Appeals for Veterans Claims (Court) granted a Joint Motion for Remand (Joint Motion) vacating the April 2019 decision and remanding the appeal for further action in compliance with the Joint Motion.  

 

Entitlement to service connection for left shoulder condition, to include as secondary to service-connected right shoulder disability, is remanded.

Per the July 2020 Joint Motion of the Court, remand is required to obtain private treatment records from Mayo Clinic.  At a December 2017 VA examination, the Veteran reported he gets care from VA and Mayo Clinic.  Furthermore, he reported that he had a left shoulder X-ray at Mayo Clinic in August 2015.  A review of the claims file illustrates that the claims file contains records from Mayo Clinic until November 2009.  As such, a remand of the claim is required to allow the Veteran to complete an additional VA Form 21-4142, Authorization for Release of Information for records from Mayo Clinic, and to allow the Agency of Original Jurisdiction (AOJ) to request the records since November 2009.  If any of the records requested are unavailable, the AOJ is to clearly document the claims file to that effect and notify the Veteran of any inability to obtain the records, in accordance with 38 C.F.R. § 3.159(e).

The matter is REMANDED for the following actions:

1. Request that the Veteran submit a fully completed and signed VA Form 21-4142, Authorization and Consent to Release Information to VA, for each health care provider from whom he would like VA to obtain records, to include the Mayo Clinic, for whom he submitted a VA Form 21-4142 in October 2010.  Inform him that the October 2010 21-4142 has expired and can no longer be used to obtain the records and that in order for VA to obtain the records he must submit a new 21-4142.  Encourage him to submit to VA any relevant private records if such submission does not burden him.  

Based on the Veteran’s response, attempt to procure copies of all records which have not been obtained from identified treatment sources, including the records from Mayo Clinic since November 2009.

If any of the records requested are unavailable, clearly document the claims file to that effect and notify the Veteran of any inability to obtain these records, in accordance with 38 C.F.R. § 3.159(e).

2. Obtain and associate with the Veteran’s electronic record VA treatment records from November 2017 to the present. 

3. Complete any other development indicated based on the development completed above, to include obtaining another examination if deemed warranted.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Breitbach, 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.