Citation Nr: 21013424 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 15-31 375A DATE: March 9, 2021 REMANDED Entitlement to service connection for right shoulder condition is remanded. REASONS FOR REMAND The Veteran served in the Marines from October 2009 to March 2011. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This claim was previously remanded by the Board in September 2019. The Veteran seeks entitlement to service connection for a right shoulder disorder, which he contends either had its onset during service or is secondary to his service-connected left shoulder condition. The Board finds that an additional opinion is needed prior to adjudication of this claim. In accordance with prior remand instructions, a VA examination was obtained in October 2019. While the October 2019 VA examiner provided positive nexus opinions, the rationales in support of the opinions were inadequate as they were based on inaccurate factual premises. In this regard, the examiner indicated that the Veteran had right shoulder problems during service in February 2013; however, the Veteran was not on active duty service in 2013. The examiner also provided a positive nexus opinion regarding aggravation, but without an adequate supporting rationale. In support of the opinion, the examiner stated that the Veteran had noted that he overused his right shoulder to compensate for the service-connected left shoulder. No further explanation was provided by the examiner. The Board finds these opinions inadequate. VA obtained a new VA medical in October 2020. As it pertains to aggravation, the examiner stated that there was no documentation to show aggravation of the right shoulder. Moreover, given only mild degenerative changes indicated in various MRI reports, there was insufficient evidence of aggravation “beyond natural progression.” The Board finds that a remand is warranted in order to obtain a new VA medical opinion. In this regard, the examiner must address the Veteran’s statements regarding increased symptoms in the right shoulder due to overcompensation of the service-connected left shoulder. See October 2019 VA medical opinion. An October 2014 VA treatment record indicated that, during an evaluation of the left shoulder disability (following arthroscopic stabilization), the Veteran reported now having “more pain in the right than the left.” Moreover, although the October 2020 indicated that there was no evidence of aggravation of the right shoulder “beyond natural progression,” the Board notes that recently, the United States Court of Appeals for Veterans Claims held that the standard to be applied for secondary service connection aggravation is whether there is any aggravation of the claimed disorder. Ward v. Wilkie, 31 Vet. App. 233, 240 (2019). In other words, aggravation need not be beyond the natural progression of the disease for purposes of this claim. The matters are REMANDED for the following actions: 1. Send the claims file to an appropriate examiner to obtain an addendum opinion with respect to the Veteran’s right shoulder condition claim. The claims file must be reviewed by the examiner. If a new examination is deemed necessary to respond to the request, one should be scheduled. (a.) After review of the claims file, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s right shoulder condition was either caused or aggravated by his service-connected left shoulder disability. (b.) The examiner should provide a complete rationale for all opinions. *The examiner MUST address the Veteran’s contentions that he overused his right shoulder compensating for his service-connected his left shoulder disability. *An October 2014 VA treatment record indicated that, during an evaluation of the left shoulder disability (following arthroscopic stabilization), the Veteran reported now having “more pain in the right than the left.” *The examiner should note that aggravation NEED NOT be beyond the natural progression of the disease for purposes of this claim. 2. Then, readjudicate the claim. Romina A. Casadei Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. N. Wilson, 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.