Citation Nr: 21013309 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 17-05 870A DATE: March 9, 2021 REMANDED Entitlement to service connection for a right shoulder disorder is remanded. Entitlement to service connection for a left shoulder disorder is remanded. REASONS FOR REMAND The Veteran had active duty in the United States Army from January 2005 to July 2009 including service in Iraq. The Veteran also had National Guard service. These matters come before the Board of Veterans’ Appeals (Board) on appeal from November 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In February 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of that proceeding has been associated with the Veteran’s claims file. Regrettably, a remand is necessary in this case to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159. Discussion The Veteran contends that a right shoulder disorder and a left shoulder disorder were incurred in, caused, or aggravated by active duty. Specifically, the Veteran contends that these shoulder disorders are attributable to his extremely arduous physical training while stationed in South Korea and while driving heavy vehicles in Iraq. The Veteran is competent to report the onset of shoulder pain. Jandreau v. Nicholson, 492 F. 3d 1372 (Fed. Cir. 2007). Service personnel records show that the Veteran was a petroleum supply specialist. Service treatment records included a September 2008 post-deployment medical history questionnaire in which the Veteran denied any muscle aches, stiff or painful joints, or injuries. The records also include a March 2012 National Guard periodic health assessment in which the Veteran denied any joint pain or functional incapacity for Army readiness activities including wearing load bearing equipment and doing pushups. A medical examination or medical opinion is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but: (1) contains competent evidence of a current diagnosed disability or persistent or recurrent symptoms of a disability; (2) establishes that an event, injury, or disease occurred in service or certain diseases manifested during an applicable presumptive period for which the claimant qualifies; and (3) indicates that the disability or symptoms may be associated with the established event, injury or disease in service or with another service-connected disability. McClendon v. Nicholson, 20 Vet. App. 79 (2006). The third prong, which requires that the evidence of record “indicate” that the claimed disability or symptoms “may be” associated with the established event, is a low threshold. Id. As the Veteran has presented competent lay evidence of the onset of his right shoulder and left shoulder pain that may be associated with established physical training in South Korea and Iraq, the Board finds that the requirements of the third prong have been met. The matters are REMANDED for the following action: 1. Contact the Veteran and his representative and request that they provide or identify and authorize the recovery of any private treatment records addressing the right and left shoulder disorders. (Here, the Board observes that the Veteran testified that he has received treatment from a masseuse. See February 5, 2021 Hearing Transcript, p. 7.) If obtained, associate these treatment records with the claims file. 2. Obtain and associate any updated VA treatment records with the claims file. All records/responses received must be associated with the claims file. 3. Arrange for a VA shoulder conditions examination with an appropriate clinician. All necessary testing and evaluation should be conducted. The evidentiary record must be made available and reviewed by the clinician. Such a review must be indicated within the body of the examination report. The Board specifically requests that the clinician consider the contention that military personnel have a much higher incidence of shoulder issues (when compared to civilians), due to physical training. The Board encourages the clinician to contemplate findings of such in the three websites referenced at the Board hearing. See February 5, 2021 Hearing Transcript, p. 3. Upon completion of these tasks, the clinician is asked to render opinions as to the following inquiries: a. What diagnoses, if any, are apposite to the Veteran’s right shoulder disorder and left shoulder disorder? AND b. Whether it is at least as likely as not (50 percent probability or more) that the Veteran’s right and left shoulder diagnosed current disorders, if any, were incurred in, aggravated by, or otherwise attributable to, the Veteran’s active duty service? For all opinions expressed, complete rationales should be provided. The clinician must reconcile any opinion with all other clinical evidence of record and the Veteran’s and other lay evidence. The Veteran is competent to report his symptoms and history. Such reports, including those of continuity of symptomatology, must be acknowledged and considered in formulating any opinion. If the clinician rejects the Veteran’s reports, she/he must provide an explanation for such rejection. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. J. Komins, 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.