Citation Nr: 21025314 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 15-38 726 DATE: April 27, 2021 REMANDED Entitlement to service connection for right shoulder condition is remanded. Entitlement to service connection for right elbow condition is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1987 to May 1997. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a November 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). A January 2020 Board decision determined that the Board lacked jurisdiction over the claims for service connection for right elbow and right shoulder disorder. It was noted that service connection for carpal tunnel syndrome (CTS) was granted in April 2019. The Veteran appealed to the United States Courts of Appeals for Veterans Claims (Court). In November 2020, the Court granted the parties’ Joint Motion for Partial Remand (JMPR), vacating the finding that the Board did not have jurisdiction over the claims for entitlement to service connection for right elbow and right shoulder disorder. The parties agreed that the Board’s “dismissal” of the claim did not comply with 38 C.F.R. § 20.101 (d). In August 2010, the Veteran filed a claim for service connection for carpal tunnel of the right shoulder, elbow, and wrist. That claim was denied in a November 2011 rating decision. The Veteran filed a timely notice of disagreement (NOD) in December 2011 with respect to carpal tunnel syndrome of both wrists, to include the right shoulder and right elbow. The Veteran subsequently submitted a statements clarifying that her claim included the right shoulder and right elbow disabilities. See statements dated July 2013 and June 2014. In relation thereto, private treatment records dated October 2013 show a postoperative diagnosis of subacromial bursitis and impingement syndrome of the right shoulder with os acromiale. A February 2015 VA examination is also shown to have included the diagnosis of impingement syndrome of the right shoulder along with the Veteran’s report that that she injured her right shoulder when she fell while marching in the snow and ice in basic training. A Statement of the Case (SOC) was provided to the Veteran in September 2015. In pertinent part, the SOC only addressed CTS of the wrist and merely included right shoulder and right elbow conditions in the heading. The SOC focused on the denial of service connection for CTS and addressed the evidence of record in the context of CTS. There was no discussion with respect to the claimed right shoulder and right elbow conditions, to include whether such represented separate and distinct disabilities from her CTS. Thus, upon review of the evidence of record, the Board finds that a remand is warranted to provide the Veteran with an SOC that addresses her service connection claims for right shoulder and right elbow conditions. See Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). The Veteran clearly filed an NOD with respect to her right shoulder and right elbow disabilities. She is entitled to an SOC with respect to those issues. The matter is REMANDED for the following action: Provide the Veteran and her attorney with a Statement of the Case that addresses the issues of entitlement to service connection for a chronic right shoulder disability and service connection for a chronic right elbow disability. These issues will be returned to the Board after issuance of the SOC only if perfected by the filing of a timely substantive appeal. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Smith, 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.