Citation Nr: 22019476 Decision Date: 04/01/22 Archive Date: 04/01/22 DOCKET NO. 17-17 671 DATE: April 1, 2022 REMANDED Entitlement to service connection for right shoulder bursitis, claimed as rotator cuff with numbness right hand, triceps bicep, is remanded. REASONS FOR REMAND The Veteran had active duty service with the U.S. Army from November 1983 to December 1984. This case comes before the Board of Veterans' Appeals (Board) on appeal from a November 2016 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). In August 2019, the Veteran had a Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that hearing is of record. A December 2019 Board decision reopened the previously denied claim and remanded the underlying claim on the merits for adjudication. In January 2021, the Board denied service connection for right shoulder bursitis, claimed as rotator cuff with numbness right hand, triceps bicep. The Veteran filed an appeal to the Court of Appeals of Veterans Claims (CAVC) contesting the Board's January 2021 decision. In November 2021, on the basis of a Joint Motion for Remand (JMR), CAVC vacated and remanded the Board's decision for further consideration. The matter is now before the Board again for further appellate review. CAVC found that the Board erred in finding VA's duty to assist was satisfied by a February 2020 VA medical opinion, and by failing to ensure substantial compliance with a December 2019 Board remand that ordered the examiner to address Veteran's statements and her medical history. CAVC noted that the February 2020 VA examiner did not address the July 17, 1984, service treatment record (STRs) or her statement that her shoulder had been hurting since service. The Board would note that the examiner's rationale, on page 4 of the examination report and cited specifically in the Board decision, discusses the 1984 treatment and implicitly rejects the current reports of continuity in favor of the contemporaneous statements made by the Veteran. Therefore, a remand is warranted to obtain an adequate VA medical opinion that substantially complies with the December 2019 remand. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records and associate with the Veteran's claims file. 2. Schedule the Veteran for a VA shoulder and arm conditions examination. The claim file must be reviewed in conjunction with the examination. The examiner must identify all currently diagnosed conditions of the right shoulder. The examiner must comment on the presence of pain, both objectively manifested and subjectively reported, and any resultant functional impacts. For all diagnosed conditions or functional impacts noted, the examiner must opine as to whether it is at least as likely as not that such is caused or aggravated by service. The examiner is asked to address and consider the July 17, 1984, service treatment record and the Veteran's lay statements regarding continuity of symptomatology. 3. Thereafter, readjudicate the remanded issue. If any benefit sought remains denied, issue a supplemental statement of the case. The case should then be returned to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Baxter 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.