Citation Nr: 22012747 Decision Date: 03/07/22 Archive Date: 03/07/22 DOCKET NO. 15-14 551A DATE: March 7, 2022 REMANDED The issue of an increased rating in excess of 20 percent for service-connected right shoulder disability is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1966 to March 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In February 2019 and June 2021, the Board remanded the Veteran's claim for additional development. Entitlement to an increased rating in excess of 20 percent for service-connected right shoulder disability. The Board regrets the delay associated with this remand, especially considering that this matter was the subject of two previous remands. However, another remand is necessary to ensure that the Veteran is afforded full compliance with the statutory duty to assist. Specifically, the Veteran's representative has requested that "VA provide the curriculum vitae and other information about qualifications of" the VA examiner who conducted the July 2021 examination. See February 2022 appellate brief. Specifically, the Veteran's representative stated that "[o]n July 21, 2021, the [V]eteran had an examination conducted by a family medicine general practitioner, Dr. A.D." As a general matter, when there is a challenge to the competence of a VA examiner, VA has an obligation to provide the requested information as to competence. Francway v. Wilkie, 940 F.3d 1304, 1308 (Fed. Cir. 2019) (Once the request is made for information as to the competency of the examiner, the veteran has the right, absent unusual circumstances, to the curriculum vitae and other information about qualifications of a medical examiner. This is mandated by the VA's duty to assist). The Board observes that Dr. A.D. provided the September 2021 medical opinion. However, the July 2021 examination was conducted by another examiner (Dr. B.F.). The Board will assume that the qualifications of both examiners are being challenged. As such, the Veteran should be afforded the qualifications of both examiners, if available. Should the Veteran request an additional examiner's qualifications, they are encouraged to submit an additional request. Regarding the Veteran's request to be examined by a shoulder specialist or a board-certified orthopedic, the Board notes that VA examinations may be administered by any appropriate person with the requisite expertise. 38 C.F.R. § 3.159(a)(1); Cox v. Nicholson, 20 Vet. App. 563, 568-69 (2007). The Board is not required to furnish a specialist for VA examinations in most circumstances. The Veteran remains free to submit evidence in support of his claim. The matters are REMANDED for the following action: Information regarding the qualifications of the July 2021 and September 2021 examiners, such as their curriculum vitae, should be provided the Veteran, consistent with Francway v. Wilkie, 940 F.3d 1304, 1307 (Fed. Cir. 2019) (en banc). All efforts to obtain such records should be documented in the claims folder. If the search for such records has negative results, the claims file must be properly documented as to the unavailability of those records. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Oquendo, L., Associate 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.