Citation Nr: 21013154 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 15-39 796 DATE: March 8, 2021 REMANDED A claim for service connection for a left shoulder disability is remanded. A claim for service connection for a right shoulder disability is remanded. A claim for service connection for a cervical spine disability is remanded. REASONS FOR REMAND The Veteran honorably served on active duty in the United States Marine Corps from July 1980 to July 1983 and in the California Army National Guard from September 1983 to September 2013. In an October 2014 rating decision, the Regional Office (RO) denied his claims for service connection for bilateral shoulder and cervical spine disabilities. The Veteran appealed. In May 2019, the Board denied the claims. The Veteran appealed the Board’s decision to the United States Court of Appeals for the Veterans’ Claims (Court). In June 2020, upon granting a joint motion for remand (JMR), the Court vacated the Board’s decision and remanded the claims for further development. The JMR notes that the Veteran has current diagnosed disabilities of the left shoulder, right shoulder, and cervical spine. It was also noted that the Veteran reported that he injured himself while lifting an ice chest in July 2013, and a service treatment record dated July 31, 2013, shows he reported to sick call after “pushing on equipment” in the line of duty. At a September 2013 VA treatment session, only a little over a month following the reported in-service injury, the Veteran reported experiencing chronic neck pain and bilateral shoulder pain. As such, a VA examination should be provided to assess the etiology of the Veteran’s neck and shoulder problems. The JMR also concluded that further development should be undertaken to obtain service personnel records and other potentially relevant reserve records. The JMR noted that for the period of the Veteran’s service in the California Army National Guard from September 1983 to September 2013, the record only contains the Veteran’s service treatment records for the month of July 2013 and does not appear to contain any service personnel records with the exception of a single VA Form 21-8951. Of note is the December 2018 Board’s hearing transcript reflecting the Veteran’s statement that he received, at the very least, annual physicals through his National Guard unit. These records are highly relevant to his claims and thus the Board must take appropriate steps to attempt to obtain those records and then undertake any additional development that logically flows from that action. Accordingly, the matters are REMANDED for the following action: 1. Obtain the Veteran’s service treatment records and his military personnel file pertaining to his service in the California Army National Guard from September 1983 to September 2013. 2. Schedule the Veteran for a VA examination to determine the etiology of his neck and shoulder problems. The examiner should answer the following questions: a) Is it at least as likely as not (50 percent or greater probability) that the Veteran has a cervical spine disability as a result of an injury he experienced in July 2013 (see Medical Treatment Record -Government Facility, received 10/27/15)? b) Is it at least as likely as not (50 percent or greater probability) that the Veteran has a shoulder disability as a result of an injury he experienced in July 2013 (see Medical Treatment Record -Government Facility, received 10/27/15)? If yes, the shoulder, or shoulders, should be identified. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Alex Bardin, 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.