Citation Nr: 21022421 Decision Date: 04/15/21 Archive Date: 04/15/21 DOCKET NO. 16-29 201 DATE: April 15, 2021 REMANDED 1. Entitlement to a higher rating for left shoulder tendonitis is remanded. 2. Entitlement to a higher rating for left elbow bursitis is remanded. REASONS FOR REMAND The Veteran served on active duty from March 2006 to December 2006, and from December 2009 to November 2012. The Department of Veterans Affairs is grateful for his service. 1. Entitlement to a higher rating for left shoulder tendonitis is remanded. 2. Entitlement to a higher rating for left elbow bursitis is remanded. In an Informal Hearing Presentation (IHP) submitted in August 2020, the Veteran’s authorized representative informed that the Veteran was last examined by VA for his claimed left elbow and left shoulder disabilities in July 2015, and that the Veteran has subsequently submitted a statement and medical records have subsequently been added to the record, both indicating that these claimed disabilities have worsened since those July 2015 examinations. The representative informed that the Veteran accordingly requests remand for new examinations based on increased severity. VA’s duty to assist includes obtaining new examinations if a change in severity of claimed disability is indicated by the evidence of record. 38 C.F.R. § 3.159(c)(4)(i); Littke v. Derwinski, 1 Vet. App. 90 (1990); Snuffer v. Gober, 10 Vet. App. 400 (1997). VA treatment records include treatments from 2016 in which the Veteran reports increased left shoulder pain with lifting the arm and when sleeping, with pain impairing sleep. He also reports a sense of instability in the joint. These complaints appear to indicate an increase in severity of the Veteran’s left shoulder disability following the July 2015 VA examination. The Board notes that while treatment records from 2016 do not reflect complaints of increased severity of left elbow disability, VA treatment records more recent than 2016 have not been associated with the claims file. The August 2020 IHP effectively provides notice that more recent treatment records than those obtained from 2016 will reflect complaints or findings of greater severity of service-connected left shoulder tendonitis and left elbow bursitis than that reflected by the July 2015 VA examination. Also notably, the most recent statement of the case (SOC) addressing the appealed issues is dated in January 2016, whereas VA treatment records up to October 2016 reflect more recent care and complaints for the right shoulder. In the absence of waiver, a supplemental SOC (SSOC) would have been warranted to address the claimed disability even if other development were not required. 38 C.F.R. §§ 19.37, 20.1304(c). Accordingly, more recent VA treatment records should be obtained and associated with the claims file, and new VA examinations should also be obtained. The matters are REMANDED for the following action: 1. Obtain and associated with the claims file all VA treatment records not yet obtained, including in particular records from October 2016 and thereafter. If the Veteran indicates private treatment, these records should also be obtained with appropriate assistance and authorization. If any records sought cannot be obtained, the Veteran and his authorized representative should be appropriately informed. 2. Thereafter, obtain an examination by a qualified examiner to address the nature and severity of the Veteran’s left shoulder tendonitis and left elbow bursitis. Any necessary tests or studies should be conducted, with pertinent finding reported in the examination report. 3. Thereafter, readjudicate the remanded claims. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Schechter 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.