Citation Nr: 21025928
Decision Date: 04/29/21	Archive Date: 04/29/21

DOCKET NO. 15-22 461
DATE: April 29, 2021

REMANDED

Entitlement to a rating in excess of 20 percent for the service-connected left shoulder disability for the period on appeal prior to June 6, 2016 is remanded.

Entitlement to a rating in excess of 30 percent for the service-connected left shoulder disability from June 6, 2016 to February 4, 2020 is remanded.

Entitlement to a rating in excess of 40 percent for the service-connected left shoulder disability from February 4, 2020 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1961 to July 1963, with additional National Guard service.

This matter comes before the Board of Veterans’ Appeals (Board) from an April 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which continued a 20 percent rating. A May 2015 decision continued the 20 percent rating. A September 2016 rating decision assigned a 30 percent rating, effective June 6, 2016, which was continued in a March 2019 rating decision. A July 2020 rating decision assigned a 40 percent rating, effective February 4, 2020.

 

In July 2019, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is of record. This matter was remanded       in October 2019 for further evidentiary development.

This appeal has been advanced on the Board’s docket pursuant to 38 U.S.C. § 7107(a) (2); 38 C.F.R. § 20.900(c).

1.-3. Entitlement to an increased rating for the service-connected left shoulder disability, currently rated as 20 percent disabling prior to June 6, 2016; 30 percent disabling from June 6, 2016 to February 4, 2020; and 40 percent disabling from February 4, 2020

The Veteran filed the present claim for an increased rating for his service-connected left shoulder disability in January 2013. The April 2013 rating decision that is the subject of this appeal and a May 2015 statement of the case indicate that a VA shoulder/arms conditions examination was performed on April 1, 2013. However,    it appears that a copy of the April 2013 VA shoulder/arms conditions examination,   if conducted, is not associated with the record. In this regard, the record includes entries on December 1, 2012 showing a VA shoulder examination was requested. It also has entries on October 23, 2013 and December 3, 2012 that state, respectively, that the VA examination request was incomplete and cancelled. Moreover, neither the rating decision nor the statement of the case discuss actual results from the examination. Thus, it is unclear whether an examination was actually conducted.   On remand, the RO should associate a copy of the April 2013 examination report with the record or, if no such examination report exists, provide a statement for the claims file indicating such.

The matters are REMANDED for the following action:

Obtain and associate with the claims file a copy of an April 1, 2013 VA shoulder/arms conditions examination report. If a copy of such examination report does not exist or cannot be obtained, provide a statement for the claims file indicating such.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. C. Birder

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.