Citation Nr: 22010123
Decision Date: 02/22/22	Archive Date: 02/22/22

DOCKET NO. 15-27 581A
DATE: February 22, 2022

REMANDED

Entitlement to service connection for right shoulder disability other than right shoulder strain, to include as secondary to service-connected bilateral ankle and knee disabilities, is remanded.

REASONS FOR REMAND

The Veteran had active service from November 1968 to July 1970. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

In May 2018, the Veteran and his spouse testified at a videoconference hearing.  The transcript of the hearing is of record.

A January 2021 Board decision denied the Veteran's claim.  The Veteran appealed this decision to the U.S. Court of Appeals for Veterans Claims (Court).  In September 2021, the Court granted a Joint Motion for Partial Remand which vacated the Board's decision and remanded the matter.

The Veteran has claimed that he has a right shoulder disability other than right shoulder strain that is related to service or is alternatively secondary to his service-connected bilateral knee and ankle disabilities.  

The Board denied the Veteran's claim in a January 2021 decision, finding that a February 2020 VA opinion was adequate in finding the Veteran's right shoulder disability other than right shoulder strain was not related to a service-connected disability.  In pertinent part, the Veteran appealed this decision to the Court and in September 2021, the JMPR found that Board failed to satisfy its duty to assist due to an inadequate February 2020 VA examination.  Specifically, the JMPR noted that the VA opinion adequately addressed whether the Veteran's knee condition caused his right shoulder disability other than shoulder strain, but failed to provide any explanation as to whether the service-connected bilateral knee and ankle disabilities, to include a February 2009 fall down a staircase, aggravated any shoulder disorder other than a right shoulder strain.  

In compliance with the JMPR, this matter is therefore remanded to obtain another VA opinion so the examiner can opine whether the Veteran's fall down the stairs in February 2009 aggravated his current right shoulder disability other than right shoulder strain.  

The matter is REMANDED for the following action:

1.  Obtain any outstanding VA or private treatment records and associate them with the claims file.

2.  Thereafter, obtain an addendum opinion by an appropriate examiner regarding the claim for service connection for a right shoulder disability other than right shoulder strain.  If determined necessary, an examination should be scheduled.  After reviewing the evidence of record to include the February 2020 VA examination and opinion, the examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that any diagnosed right shoulder disorder other than right shoulder strain was aggravated by:

(a)  the service-connected bilateral knee and ankle disabilities, to include the Veteran's February 2009 fall down the stairs.  Please explain why or why not.  

(b)  the service-connected right shoulder strain.  Please explain why or why not.  

If the examiner finds that the disability was aggravated, the examiner must identify the baseline level of the disability that existed before aggravation occurred.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Nadia Kamal, 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.