Citation Nr: 22018140
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 17-58 298
DATE: March 28, 2022

REMANDED

A rating in excess of 30 percent for a right shoulder disability is remanded.

REASONS FOR REMAND

The Veteran served on active-duty service from June 1991 to April 1993.

This matter returns to the Board of Veterans' Appeals (Board) following the issuance of a May 2019 Board remand which directed the Regional Office (RO) to complete additional development. 

1. A rating in excess of 30 percent for a right shoulder disability is remanded.

The Veteran is seeking a higher rating for his service-connected right shoulder disability.  

The Veteran was last provided with a VA examination for his right shoulder disability in January 2020.  At the examination, he was unable to perform abduction testing and the examiner noted that he had experienced dislocations of the right shoulder.  

The Veteran underwent right shoulder surgery in July 2020.  There are no updated records which reflect the current functioning of the Veteran's right shoulder since his surgery.  Additionally, evidence indicates that the Veteran is ambidextrous and uses his right arm in most activities of daily living. 

As it is not clear what the current severity of the Veteran's right shoulder disorder is following his surgery, his claim must be remanded for a new VA medical examination.  

The matters are REMANDED for the following action:

1. Invite the Veteran to submit any evidence in support of his claim. 

2. Schedule the Veteran for a new VA examination to determine the current severity of his right shoulder disability. The claims folder must be made available to and be reviewed by any examiner.  All tests deemed necessary should be conducted and the results reported in detail.

The full range of motion testing must be performed in both active and passive motion, in weightbearing and non-weightbearing with range of motion measurements of the opposite undamaged joint.

The examiner is also asked to determine if the Veteran has disorders relating to the scapula or clavicle related to dislocation, malunion or nonunion.  

If the examiner is unable to conduct the required testing or concludes that the required testing is not necessary in this case, they should clearly explain why that is so.

The examiner should address in detail the additional functional impairment and range of motion loss due to factors such as pain, weakened movement, excess fatigability, incoordination, and flare-ups for each disability. The examiner should estimate any additional loss of motion to the best of their ability. 

If it is not possible to provide a specific measurement without speculation, the examiner should state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 

All opinions should be accompanied by adequate reasons and bases. 

If the examiner cannot provide the requested opinion without resorting to mere speculation, they should provide a complete explanation stating why this is so.

In so doing, the examiner should explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that they have exhausted the limits of current medical knowledge in providing an answer to that particular question(s).

 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Q. Hernan, Attorney Advisor