Citation Nr: 22013386
Decision Date: 03/09/22	Archive Date: 03/09/22

DOCKET NO. 14-00 456
DATE: March 9, 2022

REMANDED

Entitlement to service connection for a right shoulder disorder, to include as secondary to service-connected disabilities, is remanded.

Entitlement to service connection for a right arm disorder, to include as secondary to service-connected disabilities, is remanded.

Entitlement to service connection for an eyesight disorder, to include as secondary to service-connected disabilities, is remanded.  

REASONS FOR REMAND

The Veteran served on active duty from December 1972 to October 1978. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from May 2013 and December 2017 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).

In an October 2017 decision, the Board denied entitlement to service connection for a right shoulder disorder and a right arm disorder.  The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court).  In an August 2018 Order, the Court granted a Joint Motion for Partial Remand (JMPR) and remanded these claims to the Board for further proceedings consistent with the JMPR.  The Board remanded the service connection claims for a right shoulder disorder, a right arm disorder, and an eyesight disorder in March 2019 and June 2021.  

The Board notes that the service connection claim for a cervical spine disorder was also remanded in the June 2021 Board decision.  In a November 2021 rating decision, the Veteran was granted service connection for degenerative arthritis of the spine with intervertebral disc syndrome (IVDS) and right upper extremity radiculopathy.  As this issue has been resolved by a full grant of benefits, it is no longer in appellate status.  AB v. Brown, 6 Vet. App. 35 (1993).

1. Entitlement to service connection for a right shoulder disorder, to include as secondary to service-connected disabilities, is remanded.

2. Entitlement to service connection for a right arm disorder, to include as secondary to service-connected disabilities, is remanded.

3. Entitlement to service connection for an eyesight disorder, to include as secondary to service-connected disabilities, is remanded.  

While the November 2021 VA examiner opined that it was less likely than not that the Veteran's claimed disabilities were due to cervical and lumbosacral disorders, this opinion is inadequate because the examiner did not address the aggravation prong for secondary service connection.  See El-Amin v. Shinseki, 26 Vet. App. 136, 140 (2013).  Hence, another remand is required.

The matters are REMANDED for the following action:

Obtain a supplemental VA opinion from an appropriately qualified examiner, other than the January 2020 and August 2020 VA examiner, if possible, regarding the nature and etiology of the Veteran's right shoulder disorder, right arm disorder, and eyesight disorder.  Only if deemed necessary to provide an opinion, should the Veteran be afforded a new VA examination.  Provide the claims file, including a copy of this REMAND, to the examiner for review.

After review of the claims file, the examiner should address:

(a)	Identify all current right arm disorders, right shoulder disorders, and eye disorders.  

(b)	Whether the Veteran's right arm disorder and/or right shoulder disorder began during service, or is otherwise etiologically related to his service.  In providing this opinion, address an August 2006 VA treatment record noting that the Veteran indicated his right arm problems began during his service.

(c)	Whether the Veteran's right arm disorder, right shoulder disorder, and/or eye disorder was proximately due to his service-connected disabilities, to include his lumbar spine degenerative disc disease, degenerative arthritis of the spine with IVDS, and right upper extremity radiculopathy.  

(d)	Whether the Veteran's right arm disorder, right shoulder disorder, and/or eye disorder was aggravated by his service-connected disabilities, to include his lumbar spine degenerative disc disease, degenerative arthritis of the spine with IVDS, and right upper extremity radiculopathy.  

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All opinions expressed must be accompanied by a complete rationale.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Ko, 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.