Citation Nr: 22014004 Decision Date: 03/11/22 Archive Date: 03/11/22 DOCKET NO. 17-14 106 DATE: March 11, 2022 ORDER Entitlement to service connection for a left hip disability is dismissed. REMANDED Entitlement to service connection for a left shoulder disability, to include as secondary to service-connected lumbar spine or cervical spine disability, is remanded. FINDING OF FACT A November 2021 rating decision granted service connection for a left hip disability. CONCLUSION OF LAW The issue of entitlement to service connection for a left hip disability is rendered moot by the November 2021 rating decision. See 38 U.S.C. § 7105(d). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1979 to January 1990. This case comes to the Board of Veterans' Appeals (Board) from a May 2016 rating decision which denied service connection for a left hip disability and a left shoulder disability. In August 2021, the Board remanded these claims for further development. During the pendency of this appeal, a November 2021 rating decision granted service connection for a left hip disability. This rating decision represents a total grant of the benefit sought on appeal. See Holland v. Gober, 10 Vet. App. 433, 436 (1997) (holding that the grant of service connection is "a full award of benefits on the appeal" and any disagreement with the disability rating or effective date requires a separate notice of disagreement). As the benefit sought on appeal has been granted, there is no remaining question of law or fact for the Board to resolve. Accordingly, the appeal as to service connection for a left hip disability is dismissed. See 38 U.S.C. § 7105(d). REASONS FOR REMAND The Board finds that remand for the Veteran's left shoulder disability is required because the November 2021 VA examiner's opinion is inadequate. While the November 2021 VA examiner diagnosed the Veteran with left shoulder impingement syndrome, the examiner did not consider the May 2017 VA examiner's diagnosis of arthritis or an August 2021 x-ray showing left acromioclavicular joint arthritis. Moreover, while the November 2021 VA examiner provided a negative nexus opinion, the examiner did not appear to consider the Veteran's lay statements of left shoulder pain since service in concluding that there was no evidence of a chronic left shoulder disability while on active duty creating a nexus to the current complaints. On remand, the agency of original jurisdiction (AOJ) should obtain an addendum opinion. As this claim is being remanded, the AOJ should update the Veteran's VA treatment records and provide the Veteran with a VA Form 21-4142 for any relevant private treatment. While the Veteran did not respond to a VA Form 21-4142 that was sent following the August 2021 remand, the Board will provide the Veteran with another opportunity to identify any relevant private treatment. The Board, however, informs the Veteran that failure to respond to the VA Form 21-4142 may result in relevant evidence not being considered. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (stating that the Veteran that has a duty to assist the AOJ in developing evidence). The matter is REMANDED for the following actions: 1. Obtain the Veteran's VA treatment records for the period from October 2021 to the present. 2. Ask the Veteran to complete a VA Form 21-4142 for private treatment for a left shoulder disability. Make two requests for the authorized records from each identified provider, unless it is clear after the first request that a second request would be futile. 3. Obtain an addendum opinion from the November 2021 VA examiner, if possible, or from an appropriate clinician on the Veteran's left shoulder disability. Schedule the Veteran for a new examination if deemed necessary by the examiner. The examiner should identify all diagnoses of a left shoulder disability. If the examiner does not diagnose left shoulder arthritis, the examiner should reconcile that conclusion with the May 2017 VA examiner's diagnosis of arthritis and the August 2021 x-ray showing acromioclavicular joint arthritis. If arthritis is diagnosed, the examiner must opine whether it is at least as likely as not that (1) a left shoulder disability had onset in or is related to active service, to include the June 1988 motor vehicle accident; (2) a left shoulder disability manifested within one year after discharge from service; or (3) left shoulder problems noted during service had continuity of the same symptomatology since service. If arthritis is not diagnosed, the examiner must opine whether it is at least as likely as not that a left shoulder disability is related to service, to include the June 1988 motor vehicle accident. In providing these opinions, the examiner must consider the Veteran's lay statements. The examiner must consider whether the Veteran's reports about symptoms align with how the currently diagnosed disability is known to develop. The examiner is advised that a negative opinion may not be based solely on the absence of treatment and that the examiner must provide a proper foundation explaining why the absence of evidence is relevant in determining whether the disability is related to service. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Ormson, 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.