Citation Nr: 21030646 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 16-08 345 DATE: May 19, 2021 REMANDED Entitlement to a rating in excess of 20 percent for service-connected impingement syndrome, right shoulder, prior to January 8, 2016, is remanded. Entitlement to a rating in excess of 30 percent for service-connected impingement syndrome, right shoulder, from January 8, 2016, is remanded. REASONS FOR REMAND This appeal comes before the Board of Veterans' Appeals (Board) from a March 2014 rating decision in which a 20 percent rating was continued for the Veteran's service-connected right shoulder disability. The Veteran perfected an appeal as to the rating assigned to the right shoulder disability and, in June 2019, the Board denied a rating in excess of 20 percent prior to January 8, 2016 but granted a 30 percent rating from January 8, 2016. The Veteran appealed the June 2019 decision to the United States Court of Appeals for Veterans Claims (Court). In March 2020, the Court granted a Joint Motion for Partial Remand (JMR) in which the parties agreed that the part of the June 2019 decision that denied ratings in excess of 20 percent prior to and 30 percent after January 8, 2016 should be vacated and the issues remanded to the Board for further development. In July 2020, the Board remanded the appeal pursuant to the JMR and Court Order and directed that the Agency of Original Jurisdiction (AOJ) obtain all outstanding private treatment records identified by the Veteran in previous correspondence and afford the Veteran a VA examination that included findings consistent with the Court's holdings in DeLuca v. Brown, 8 Vet. App. 202 (1995), Correia v. McDonald, 28 Vet. App. 158 (2016), and Sharp v. Shulkin, 29 Vet. App. 26 (2017). As for the outstanding private treatment records, review of the record reveals that the AOJ sent the Veteran a letter requesting that he provide an authorization form for a number of physicians, including Drs. Pearsall and Hicks. See July 2020 duty to assist letter. Later that month, the Veteran submitted a completed authorization form which indicated that a few of the doctors listed were VA physicians, including Drs. Preudon and Sermon. Notably, the Veteran indicated that Drs. Pearsall and Hicks were associated with "USA Hospital" but, instead of providing an address, wrote that they were "associate VA doctors." See July 2020 VA Form 21-4142. The AOJ subsequently obtained records from each of the non-VA providers listed on the July 2020 authorization form, but the AOJ did not request records from Drs. Pearsall or Hicks, apparently due to the Veteran's notation that they were VA physicians. However, the Board's review of the claims file reveals that Dr. Pearsall is a physician associated with the University of South Alabama, i.e., USA Hospital, which is a non-VA facility. See October 2014 private medical records. Indeed, the October 2014 private treatment record is specifically noted in the March 2020 JMR as one indicating that there may be outstanding, relevant private treatment records that should be obtained in this case. It is not clear why the Veteran did not provide an address for the University of South Alabama Hospital on the July 2020 authorization form and the Board acknowledges that, without a correct address, the AOJ is unable to request records from the University of South Alabama or Dr. Pearsall. However, because the JMR specifically noted that there may be outstanding relevant records from Dr. Pearsall that may be relevant to the claims on appeal, the Board finds the Veteran should be given another opportunity to provide the required information needed to allow VA to obtain any outstanding treatment records relevant to this appeal. The matters are REMANDED for the following action: Request that the Veteran submit a signed and otherwise completed authorization form for treatment records from Dr. Pearsall and the University of South Alabama, as well as any other healthcare provider who has treated his right shoulder during the appeal period, including Dr. Hicks. If a completed authorization form is received, obtain any outstanding private treatment records, to specifically include records from Dr. Pearsall dated from October 2014 to the present. Additionally, obtain all VA treatment records dated from May 2020 to the present. All attempts to secure these records, and any response received, should be documented in the claims file, following the procedures set forth in 38 C.F.R. § 3.159. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Turnipseed, 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.