Citation Nr: 21027418 Decision Date: 05/05/21 Archive Date: 05/05/21 DOCKET NO. 15-42 674 DATE: May 5, 2021 REMANDED Entitlement to service connection for a right shoulder disability is remanded. Entitlement to service connection for a left shoulder disability is remanded. Entitlement to service connection for a left knee disability is remanded. REASONS FOR REMAND The Veteran is entitled to substantial compliance with the Board's remand directives. See Stegall v. West, 11 Vet. App. 268 (1998); Dyment v. West, 13 Vet. App. 141, 146-47 (1999). If the Board proceeds with final disposition of an appeal and the remand orders have not been complied with, the Board itself errs in failing to ensure compliance. Stegall, 11 Vet. App. at 271. Because there has not been substantial compliance with the February 2019 Board remand directives, another remand is necessary. The Board stresses the importance of carefully following the directives of this remand in order to allow for a final resolution of the service connection claims for the Veteran's left shoulder, right shoulder, and left knee disabilities. The February 2019 remand directed the VA examiner to consider the Veteran's lay statements concerning his in-service job as a mail clerk as a possible contributor to his current disabilities. The September 2020 VA examiners concluded that there was no nexus to service for the Veteran's disabilities because there were no records in service. However, the Veteran's lay statements were not considered. The Board finds the Veteran's lay assertions should be considered by the VA examiner when forming a nexus opinion. The matters are REMANDED for the following action: 1. Return the Veteran's claims file to the examiner who conducted the September 2020 VA examination so a supplemental opinion may be provided. If that examiner is no longer available, provide the Veteran's claims file to a similarly qualified clinician. The entire claims file and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials in any reports generated. A new examination is only required if deemed necessary by the examiner. a.) The examiner must provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's right and left shoulder disabilities began during active service or are related to an incident of service, including his job lifting heaving bags of mail and packages. b.) The examiner must provide an opinion as to whether it is at least as likely as not that the Veteran's left knee disability began during active service or is related to an incident of service, including his job as a mail clerk which required repetitive sitting and standing. The examiner should specifically address the Veteran's lay statements and must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. 2. Ensure that the directives specified in this remand have been implemented. If they have not, appropriate corrective action must be undertaken before readjudication. Stegall v. West, 11 Vet. App. 268 (1998). DUSTIN L. WARE Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Brunot, 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.