Citation Nr: 21025168 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 15-24 187 DATE: April 27, 2021 ORDER Entitlement to service connection for a left shoulder disability is dismissed for a lack of case or controversy. REMANDED Entitlement to service connection for a right shoulder disability is remanded. FINDING OF FACT In the Veteran’s September 2013 notice of disagreement and additional correspondence submitted thereafter, he clarified that he was seeking service connection for a right shoulder, rather than a left shoulder, disability. CONCLUSION OF LAW The criteria for dismissal of entitlement to service connection for a left shoulder disability have been met. 38 U.S.C. § 7105. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1971 to March 1975. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee. In February 2019, the Board remanded the issues of entitlement to service connection for a left shoulder disability and a right hand disability, claimed as nerve damage, for further evidentiary development. However, in June 2020, the RO granted service connection for ulnar nerve neuropathy of the right hand. Thus, that issue has been resolved and is no longer on appeal. See Grantham v. Brown, 114 F.3d 1156, 1158-59 (Fed. Cir. 1997). 1. Entitlement to service connection for a left shoulder disability The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. In September 2013, the RO in Nashville, Tennessee, issued a rating decision that, in pertinent part, denied service connection for both left and right shoulder disabilities. In correspondence received by VA in September 2013 and thereafter, the Veteran explained that he is not seeking service connection for a left shoulder disability but, rather, is seeking service connection for a right shoulder disability. See September 2013 VA Form 21-0958, Notice of Disagreement; July 2015 VA Form 9, Appeal to Board of Veterans’ Appeals; March 2016 Correspondence; January 2021 Correspondence. Most recently, in an April 2021 brief, the Veteran’s representative reiterated that service connection for a right shoulder disability, not a left shoulder disability, was claimed. In light of the Veteran’s and his representative’s statements indicating the Veteran never intended to claim service connection for a left shoulder disability, the Board finds that there remain no allegations of errors of fact or law for appellate consideration with respect to the issue of entitlement to service connection for a left shoulder disability. Accordingly, the Board has no further jurisdiction to review an appeal on the matter, and it is dismissed. The issue of entitlement to service connection for a right shoulder disability is addressed in the remand portion of this decision, below. REASON FOR REMAND Entitlement to service connection for a right shoulder disability is remanded. As already explained, in September 2013, the RO in Nashville, Tennessee, issued a rating decision that denied service connection for both left and right shoulder disabilities. The Veteran submitted a timely notice of disagreement in September 2013 that listed a left shoulder replacement as the “specific issue of disagreement” but also stated, in the explanation of why he felt the claim was incorrectly decided, that his disability involved his right shoulder, not his left. To date, the RO has not issued a statement of the case on the issue of entitlement to service connection for a right shoulder disability. Accordingly, that issue must be remanded to the RO for issuance of a statement of the case. 38 C.F.R. § 20.904(c); Manlincon v. West, 12 Vet. App. 238 (1999). The matter is REMANDED for the following action: (Continued on the next page)   Furnish a statement of the case (SOC) to the Veteran addressing the issue of entitlement to service connection for a right shoulder disability. The Veteran must be advised of the time limit in which he may file a substantive appeal. The AOJ should also advise the Veteran that the claims file will not be returned to the Board for appellate consideration of this issue following issuance of the SOC unless the Veteran perfects his appeal by submitting a timely VA Form 9. In the alternative, the Veteran may elect to timely opt into the modernized review system (AMA) following receipt of the SOC. L. STEPANICK Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Billinger, 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.