Citation Nr: 22013285
Decision Date: 03/09/22	Archive Date: 03/09/22

DOCKET NO. 19-07 015
DATE: March 9, 2022

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty with the United States Army from February 1973 to February 1976.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal of an April 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

In October 2021, the Veteran provided testimony at a Board hearing.  A transcript of the hearing has been associated with the record.  At the hearing, the record was held open for 60 days for the submission of additional evidence.  The Veteran waived RO review of any subsequently added evidence.  Additional evidence was received following the hearing and has been considered herein.

1. Entitlement to service connection for a left shoulder disability is remanded.

The Veteran reports that he injured his left shoulder in 1974 while playing a game called "war ball."  He stated that he was run over and that he was treated by the medics for a dislocated shoulder.  He indicated that for some reason the medics did not put this incident in his treatment records. 

The Veteran is currently diagnosed with tear of the left rotator cuff.  In a December 2021 private treatment record, a physician indicated that "It is possible that an injury that occurred during his military career has contributed to his left shoulder problem."  While this opinion appears to be positive, it is too speculative to support a grant of service connection.  Accordingly, a remand is warranted for a VA examination and etiology opinion.  

The Veteran remains free to submit an updated opinion as well, and is advised that any such opinion should contain a sufficient rationale.

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination by an appropriate examiner to determine the etiology of any current left shoulder disability.  The claims folder must be reviewed in conjunction with the examination.

The examiner must, after conducting any required testing, identify all conditions of the left shoulder.

The examiner must opine as to whether it is at least as likely as not (50 percent probability or more) that any left shoulder disability is related to military service, to include the Veteran's report of injuring his left shoulder in 1974 while playing a game.  For the purposes of this remand, the examiner is advised that the Board finds the Veteran's description of his in-service injury to be credible.

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The examiner should provide a rationale for all opinions expressed.

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Henriquez, 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.