Citation Nr: 22015712 Decision Date: 03/18/22 Archive Date: 03/18/22 DOCKET NO. 17-14 796 DATE: March 18, 2022 REMANDED Service connection for a bilateral eye disorder. Service connection for a left shoulder disorder. REASONS FOR REMAND The Veteran served on active duty from December 1987 to October 2001. The matter is on appeal from an October 2013 rating decision. Most recently, in an August 2021 decision, the Board denied seven claims. At that time, the Board also remanded the eye and left shoulder claims for further development. The Veteran appealed the August 2021 denials to the United States Court of Appeals for Veterans Claims. That appeal is still pending and the issues are not presently before the Board. 1. Service connection for a bilateral eye disorder. Pursuant to the Board's August 2021 remand, the Veteran was afforded a VA examination in September 2021. The examiner opined that the Veteran's current bilateral eye condition, including right dry eye with photophobia, is less than likely related to service. Although no reference to dry eye or photophobia was noted in the Veteran's service treatment records (STRs), and it was noted that an elbow injury to the right eye during service did not cause an abrasion, decreased vision, etc., the opinion does not address the Veteran's September 1998 report of eye trouble and statement that he could not see as well as he used to. In addition, an opinion was not provided as to whether there was additional disability due to disease or injury superimposed upon any eye disability during service. As such, the opinion is not completely adequate. Thus, remand for an addendum opinion is warranted. 2. Service connection for a left shoulder disorder. Pursuant to the Board's August 2021 remand, a VA addendum opinion was obtained in January 2022. Although the opinion notes no evidence relating the Veteran's left shoulder disorder to service, the opinion does not address the May and June 2020 opinions from an orthopedic surgeon relating the Veteran's current left shoulder condition to injuries sustained during service, including a January 1995 sprain of the shoulder and upper arm acromioclavicular (AV) joint ligament. See May 2020 Medical Treatment Record - Non-Government Facility & December 2021 Disability Benefits Questionnaire (DBQ); see also January 2015 STR Medical Photocopy. In addition, an opinion was not provided as to whether the Veteran's current left shoulder condition was caused by or aggravated by service-connected disability. See May 2020 Board remand. As such, the opinion is not completely adequate. Thus, remand for a new opinion is warranted. In view of the remand, updated VA treatment records should be associated with the file. The matters are REMANDED for the following action: 1. Obtain VA treatment records since January 2022. 2. Return the claims file to the VA examiner who conducted the September 2021 eye examination if available. If that examiner is not available, send the claims file to another appropriate medical professional. The examiner should provide an opinion as to whether any diagnosed right or left eye disorder clearly and unmistakably (undebatable from a medical perspective) preexisted service. If the examiner finds it did clearly and unmistakably preexist service, the examiner should provide an opinion as to whether it was clearly and unmistakably not aggravated by service. Aggravation is an increase in severity beyond the natural progress of the disease or temporary flare-up. If the examiner finds that it either did not clearly and unmistakably preexist service, or was not clearly and unmistakably aggravated by service, the examiner should then opine as to whether it is at least as likely as not (a 50 percent or greater probability) a bilateral eye condition, to include right dry eye with photophobia, had its onset during or within one year of service, or is otherwise related to service, including the Veteran's September 1998 complaint of eye trouble and statement that he could not see as well as he used to. In addition, an opinion should be provided as to whether there was additional disability due to disease or injury superimposed upon any eye disability during service. A complete rationale should be provided for any opinions expressed. If the examiner cannot provide some or all of such opinions, the examiner must make clear that he or she has considered all relevant, procurable data, but that any member of the medical community at large could not provide such an opinion without resorting to speculation. 3. Forward the claims file to an appropriate medical professional for an opinion as to whether it is at least as least likely as not (a 50 percent or greater probability) that a left shoulder condition, including current bicipital tendonitis and rotator cuff tendonitis, had its onset during or within the initial year after service, or is otherwise related to an in-service injury, event, or disease, including an in-service sprain of the shoulder and an upper arm AV joint ligament in January 1995, or service-connected disability. In answering this question, the examiner should specifically comment upon the May and June 2020 private opinions relating the Veteran's current left shoulder disorder to injuries sustained during service, noting that ligamentous-type injuries can take a long time to heal and, if not provided adequate rest, can become a chronic condition. A complete rationale should be provided for any opinions reached. If the examiner cannot provide some or all of such opinions, the examiner must make clear that he or she has considered all relevant, procurable data, but that any member of the medical community at large could not provide such an opinion without resorting to speculation. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Taylor 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.