Citation Nr: 21014521 Decision Date: 03/12/21 Archive Date: 03/12/21 DOCKET NO. 17-51 416 DATE: March 12, 2021 REMANDED Service connection for a right shoulder disorder is remanded. REASONS FOR REMAND The Veteran served in the United States Air Force from July 1960 until June 1964. The issue of service connection for a right shoulder disorder is remanded. Accordingly, the matter is REMANDED for the following actions: 1. BACKGROUND FOR THE RO ADJUDICATOR: In a December 2020 Board remand, the RO was directed to provide the Veteran a VA Form 21-4142 in order to obtain private medical records from Kaiser Permenante, which he identified during his September 2020 VA examination. In December 2020, the RO provided the proper form to the Veteran which he signed and returned in January 2021. In January 2021, the Private Medical Records Retrieval Center indicated that there was incomplete information on the form, and it needed to be “worked via the traditional process.” After that, VA never attempt to obtain the records. The RO has an obligation to attempt to obtain these records as the Veteran has provided the necessary information and authorization for them to be obtained on his behalf. The December 2020 Board remand directed that after associating the records with the file, an addendum VA medical opinion must be obtained. Given that VA did not make the proper attempts to obtain the Kaiser records, the RO failed to comply with the Board’s December 2020 remand directives. Therefore, remand is again necessary. See Stegall v. West, 11 Vet. App. 268 (1998). 2. Obtain the Veteran’s Kaiser Permanente health records from 1970 to 2013. Authorization to obtain the records was provided in January 2021. 3. AFTER ASSOCIATING THE ABOVE-REQUESTED RECORDS WITH THE FILE OR DOCUMENTING THEIR UNAVAILABILITY IN THE RECORD, return the file to the VA examiner who conducted the September 2020 VA medical examination. If the examiner is not available, have the file reviewed by a similarly-qualified examiner. If necessary to respond to the inquiries below, schedule the Veteran for a VA shoulder examination to obtain an opinion as to the nature and etiology of each identified right shoulder disorder. All indicated tests and studies should be accomplished and the findings reported in detail. All relevant medical records must be made available to the examiner for review of pertinent documents. The examination report should specifically state that such a review was conducted. The examiner must provide a comprehensive explanation for all opinions provided. The examiner should address the following: (a.) Identify each right shoulder disability which the Veteran currently has or has had at any period during the pendency of this appeal. If the examiner finds that the Veteran’s previously diagnosed right shoulder disorders, including bilateral rotator cuff tendonitis and right shoulder strain, have resolved, they must provide an explanation as to the resolution. (b.) Provide an opinion as to whether each identified right shoulder disorder was caused by any in-service event, injury, disorder, or disease, or in any way originated during service. 4. Readjudicate the issue on appeal. If the benefit sought on appeal remains denied, the Veteran should be provided a supplemental statement of the case (SSOC). An appropriate period should be allowed for response before the case is returned to the Board. Jacqueline E. Miller Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. F. Sawka, 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.