Citation Nr: 21014390 Decision Date: 03/12/21 Archive Date: 03/12/21 DOCKET NO. 17-39 545 DATE: March 12, 2021 REMANDED Entitlement to an initial compensable rating prior to April 5, 2017, and a rating in excess of 20 percent disabling thereafter, for the service-connected right shoulder strain is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from March 2009 to March 2015. This issue is on appeal from an August 2015 rating decision. In a subsequent May 2017 rating decision, the Agency of Original Jurisdiction (AOJ) increased the Veteran’s rating for right shoulder strain from noncompensable to 20 percent disabling, effective April 5, 2017. As the grant of a 20 percent rating, effective April 5, 2017, did not constitute a full grant of the benefits sought, the increased rating issue remains on appeal. AB v. Brown, 6 Vet. App. 35, 39 (1993). Subsequent to the May 2017 Statement of the Case, the AOJ added pertinent VA treatment records to the Veteran’s claims file. These records were not reviewed by the AOJ in the first instance. However, in a March 2021 statement, the Veteran’s representative waived the Veteran’s right to have the AOJ review these records in the first instance. While the record contains a contemporaneous VA examination regarding the Veteran’s right shoulder strain, the examination does not comply with the requirements in Correia v. McDonald, 28 Vet. App. 158, 168 (2016). The examination does not contain passive range of motion measurements. Additionally, this examination does not comply with the requirements in Sharp v. Shulkin, 29 Vet. App. 26, 34-36 (2017). Regarding the Veteran’s repeated use over time for the right shoulder, the VA examiner stated that an opinion could not be provided without resort to speculation. However, the examiner did not indicate that the speculation was due to a lack of knowledge within the medical community. Upon remand, an adequate VA examination and medical opinion must be obtained The matter is REMANDED for the following actions: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected right shoulder strain. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. In so doing, the examiner must test the Veteran’s active motion, passive motion, and pain with weight-bearing and pain without weight-bearing. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). In so doing, the examiner must attempt to elicit information regarding the severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups and with repeated use over time. If it is not possible to provide a specific measurement based on direct observation, the examiner should provide an estimate, if at all possible, of the additional impairment due to flare-ups and with repeated use over time based on the other evidence of record and the Veteran’s statements. If it is not possible to provide a specific measurement without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal. If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. Shauna M. Watkins Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Unger, 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.