Citation Nr: 21029859 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 13-30 978A DATE: May 17, 2021 REMANDED Entitlement to a rating in excess of 20 percent for left shoulder rotator cuff impingement syndrome is remanded. REASONS FOR REMAND The Veteran served in the U.S. Army from April 1978 to January 1985. 1. Entitlement to a rating in excess of 20 percent for left shoulder rotator cuff impingement syndrome is remanded. The Board has remanded this issue three times in January 2018, December 2019, and December 2020. Unfortunately, remand is again necessary to ensure compliance with the Board's prior remand directives. In the December 2020 remand, the Board directed the Agency of Original Jurisdiction (AOJ) to obtain a new medical examination of the shoulder in compliance with the holding of the Court of Appeals for Veterans Claims in Correia v. McDonald, 28 Vet. App. 158, 169-70 (2016). Specifically, the Board directed the AOJ to obtain an examination where the examiner recorded range of motion test results, in degrees, for active motion, passive motion, in weight-bearing, and non-weight-bearing. The January 2021 examiner did not provide range of motion testing for passive motion, weight-bearing, or non-weight-bearing. While the examiner found the Veteran did not experience pain with non-weight-bearing, the examiner indicated the Veteran experienced pain with weight-bearing, and the Veteran reported an inability to lift more than five pounds. A determination as to how pain could affect the Veteran's range of motion with weight-bearing is important to the rating determination. As such, remand is again required to obtain an examination in compliance with the Board's directives. See Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: 1. Obtain and associate with the claims file any outstanding VA treatment records. 2. Obtain a new examination of the left shoulder. The examiner should report all signs and symptoms necessary for evaluation of the Veteran's left shoulder disability under the rating criteria. In particular, the examiner should provide range of motion test results on passive motion, or note that they are the same as on active motion, and address how pain could limit motion during weight-bearing, expressed in degrees. The examiner should specifically indicate whether the Veteran experiences any limitation of motion that is attributable to pain and at what point during the range of motion. If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, he or she should clearly explain why that is so. The examiner is asked to describe whether pain significantly limits functional ability during flares and, if so, the examiner must estimate the range of motion during flares. IF THE EXAMINATION DOES NOT TAKE PLACE DURING A FLARE, THE EXAMINER MUST GLEAN INFORMATION REGARDING THE FLARES' SEVERITY, FREQUENCY, DURATION, AND FUNCTIONAL LOSS MANIFESTATIONS FROM THE VETERAN, MEDICAL RECORDS, AND OTHER AVAILABLE SOURCES. EFFORTS TO OBTAIN SUCH INFORMATION MUST BE DOCUMENTED. If there is no pain and/or no limitation of function, such facts must be noted in the report. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be considered. If the examiner rejects the Veteran's reports, the examiner must provide a reason for doing so A. S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.P. Armstrong 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.