Citation Nr: 22005986
Decision Date: 02/03/22	Archive Date: 02/03/22

DOCKET NO. 16-60 848
DATE: February 3, 2022

REMANDED

Entitlement to service connection for a right shoulder condition is remanded.

Entitlement to service connection for a left shoulder condition is remanded.

REASONS FOR REMAND

The appellant had a period of active duty for training with the United States Army from June 24, 1971 to October 23, 1971.  He thereafter served in the North Carolina Army National Guard.

This matter is before the Board of Veterans' Appeal (Board) on appeal from a June 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

The appellant appeared at a virtual hearing before the undersigned Veterans Law Judge in October 2021.  A transcript of the hearing is in the appellant's file.

1. Entitlement to service connection for a right shoulder condition is remanded.

2. Entitlement to service connection for a left shoulder condition is remanded.

The appellant is seeking service connection for a bilateral shoulder condition.  He contends that his shoulders were injured in a car accident traveling to or from a weekend drill with the National Guard.  The appellant further states that he was subsequently released from the reserves due to physical disability, presumably a bilateral shoulder disability.  

The Board finds that additional development is needed in this matter.  Specifically, the appellant's complete personnel file, and service treatment records, including any records related to the appellant's discharge from National Guard service for physical disability should be associated with the record.  Additionally, at his hearing, the appellant discussed receiving treatment from civilian sources in immediate aftermath of the claimed accident.  On remand, the appellant must be provided the opportunity to submit any records of this care in his possession, or to allow VA to obtain these records on his behalf.

Finally, though the appellant presented personal testimony before the undersigned, it was clear at the time of his hearing that he had difficulty remembering the specifics of the accident itself.  On remand, the appellant must be provided the opportunity to submit a statement with additional details regarding the accident.  

The matters are REMANDED for the following actions:

1. Contact the appellant and ask him to provide specific details related to the facts and circumstances related to his claimed bilateral shoulder disability.  The appellant is advised that in providing such details, he may also seek letters or statements from friends, family members, or anyone else who may remember the specific circumstances of the accident.

2. With any necessary assistance from the appellant, obtain any private treatment records or police records regarding the claimed automobile accident.  Any attempts to obtain these materials must be documented in the appellant's claims file.

3. Obtain the appellant's complete service personnel records and service treatment records, including any National Guard records, to include any records related to his discharge from National Guard service.  

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J.R. Higgins

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.