Citation Nr: 22018657
Decision Date: 03/30/22	Archive Date: 03/30/22

DOCKET NO. 17-18 241
DATE: March 30, 2022

REMANDED

The claim for service connection for a left shoulder disability is remanded.

The claim for service connection for cervical spine disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1974 to October 1979. 

The claim was remanded by the Board in August 2021.  Unfortunately, the requested development has not yet been completed and the claim must be remanded. 

1. Entitlement to service connection for a left shoulder disability

2. Entitlement to service connection for cervical spine disability

The claim was remanded in August 2021 for new VA etiology opinions as the July 2020 VA examiner did not consider the Veteran's reports of an in-service motor vehicle accident and in-service onset of symptoms. Specific instructions were given for the opinions and considerations required. 

Unfortunately, the new VA opinion again relied solely on the lack of documentation of in-service treatment or diagnosis of a left shoulder or cervical spine disability as the rationale for the negative etiology opinions provided. Again, the examiner did not consider the Veteran's lay statements as required. The Board cannot make a fully-informed decision on the issue of service connection for the left soulder and cervical spine because a VA examiner has not considered the Veteran's statements in providing an etiology opinion. See Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009).

As there has not yet been substantial compliance with the Board's 2021 remand order regarding these issues, the Board concludes that the issue must be remanded in order to obtain the requested opinions. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (Board remand confers a right on a claimant to compliance with the remand order); Dyment v. West, 13 Vet. App. 141, 147 (1999) (clarifying that substantial compliance with Board remand is required). 

The matters are REMANDED for the following action:

Schedule the Veteran for a VA to determine the onset and/or etiology of his claimed left shoulder disability and cervical spine disability. The claims file must be reviewed by the examiner. The examiner must diagnose all current left shoulder disabilities and cervical spine disabilities.

Then, the examiner must opine as to whether it is at least as likely as not that any currently diagnosed left shoulder disabilities and cervical spine disabilities, are related to, and/or had their onset during, his period of service.

The examiner must specifically acknowledge and discuss the Veteran's reports of left shoulder problems and cervical spine (or neck and upper back) problems during and since service. With respect to the claimed left shoulder disability, the examiner is asked to consider the evidence showing that the Veteran injured his left shoulder after service, in a work-related incident.

The examiner must provide a rationale for all opinions expressed that considers the Veteran's reports regarding the in-service onset and continuity of his left shoulder and cervical spine symptoms. Failure to provide a rationale will result in the opinion being found to be inadequate. 

If unable to provide a medical opinion, provide a statement as to whether there is any additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. 

 

 

Cynthia M. Bruce

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. B., 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.