Citation Nr: 22015908
Decision Date: 03/20/22	Archive Date: 03/20/22

DOCKET NO. 16-45 222
DATE: March 20, 2022

REMANDED

The claim of entitlement to service connection for a left shoulder disorder, to include a left rotator cuff tear, is remanded. 

REASONS FOR REMAND

The Veteran served honorably in the United States Air Force from June 1978 to June 1982.

This matter came to the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In June 2021, the Board remanded this matter for additional development.  In response, the Veteran underwent VA examination in October 2021. 

Another remand is necessary for issuance of an addendum medical opinion.  

The matter is REMANDED for the following action:

Return the case to the VA examiner who conducted the October 2021 examination, or to a suitable substitute, for issuance of an addendum opinion addressing a left shoulder disorder.  After again reviewing the claims file, the examiner should again answer the following question:

Is it at least as likely as not (probability of 50 percent or more) that a left shoulder disorder had its onset during service or is related to an event or injury during service?

In answering the question, do not rely solely on the absence of medical evidence indicating a left shoulder disorder during service.  Also, indicate that the Veteran's lay assertions regarding in-service injury have been considered.  

The term "at least as likely as not" does not mean within the realm of medical possibility, but rather that the medical evidence both for and against a certain conclusion is so evenly divided that it is as medically sound to find in favor of such a conclusion as it is to find against it. 

In rendering the requested opinion, the examiner should note that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology. 

(Continued on the next page)

Please explain in detail any opinion provided and the supporting rationale.

 

 

C. J. McEntee

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J.T. Massey, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.