Citation Nr: 21012787
Decision Date: 03/05/21	Archive Date: 03/05/21

DOCKET NO. 11-14 557
DATE: March 5, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served in the U.S. Air Force from July 1966 to December 1970, including one year of service in Vietnam.  The Veteran served as a member of the U.S. Air Force Reserve in 1977 and retired in October 2002.  While in the U.S. Air Force Reserve, the Veteran was called to active duty service from January 1991 to May 1991 and from October 2001 to September 2002. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from rating decision issued in September 2009 by the Department of Veterans Affairs (VA) Regional Office (RO).  The issue was remanded by the Board in March 2016 and December 2017.

In June 2019, the Board denied the claim for service connection for a left shoulder disorder.  The Veteran timely appealed that decision to the U.S. Court of Veterans Appeal, resulting in a Joint Motion for Remand (JMR) by the parties.  An August 2020 Court Order remanded the matter for compliance with the instructions in the JMR.

As indicated in the JMR, the parties agreed that VA had failed to ensure that the duty to assist in developing the Veteran’s claim was satisfied, as consistent with              38 C.F.R. § 3.159(c).  In this regard, the JMR noted that there were potentially relevant, outstanding service treatment records from the Veteran’s second period of active duty service from October 2001 to September 2002.  On remand, the parties to the JMR agreed that the Agency of Original Jurisdiction (AOJ) should contact the Veteran in order to obtain a list consisting of all locations and years of  service, so that VA may assist him in developing his claim by seeking out relevant records.  

Moreover, in the event the aforementioned records sought contain information relevant to the Veteran’s claim, VA shall order a new examination and medical opinion.  

The matters are REMANDED for the following actions:

1. Obtain all outstanding service records. Contact the Veteran in order to obtain a list consisting of all locations and years of service, so that VA may assist him in developing his claim by seeking out relevant records.  See August 2020 Joint Motion for Remand.

2. If, and only if, additional service records are received that are relevant to the claim on appeal, schedule the Veteran for a VA examination to assist in determining the nature and etiology of his left shoulder disorder.  The entire claims file must be provided to the examiner.  

The examiner is asked to:

(a.) Provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s left shoulder disorder was incurred in service or is otherwise related to service. 

(b.) All opinions rendered should be supported by an appropriate and adequate medical rationale.

3. Then, readjudicate the claim on appeal. 

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Casadei, 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.