Citation Nr: 22019828
Decision Date: 04/03/22	Archive Date: 04/03/22

DOCKET NO. 17-09 029
DATE: April 3, 2022

REMANDED

Entitlement to service connection for right rotator cuff and impingement with acromioclavicular arthritis is remanded.

Entitlement to service connection for left rotator cuff and impingement with acromioclavicular arthritis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1958 through May 1959. This matter comes before the Board of Veterans' Appeals (Board) on appeal of an August 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

Most recently, in a January 2021 decision, the Board denied entitlement to service connection for bilateral rotator cuff and impingement with acromioclavicular arthritis. The Veteran appealed the Board's January 2021 decision to the United States Court of Appeals for Veterans Claims (Court). In November 2021, the     Court granted a Joint Motion for Remand (JMR) and vacated the January 2021 Board's denial. The case was returned to the Board for action consistent with the JMR.

1. Entitlement to service connection for right rotator cuff and impingement with acromioclavicular arthritis is remanded.

2. Entitlement to service connection for left rotator cuff and impingement with acromioclavicular arthritis is remanded.

The Veteran is seeking entitlement to bilateral rotator cuff and impingement with acromioclavicular arthritis. In accordance with the JMR, the Board finds that additional development is needed prior to adjudication of this claim. The parties     to the JMR found the April 2020 VA opinion did not address the Veteran's lay statements that he "self-medicated with over the counter medicine until it got       too much for such treatment and was then surgically repaired," or his report        that "after being discharged I continued having many back, neck, and shoulder problems through the years" as required in the April 2020 Board remand. See February 2016 Statement in Support of Claim; see also March 2020 Informal Hearing Presentation. As such, an additional opinion is needed.

The matters are REMANDED for the following action:

1. Send the claims file to an appropriate examiner to obtain an addendum opinion with respect to the Veteran's bilateral shoulder disability claims. The claims file must be reviewed by the examiner. If a new examination is deemed necessary to respond to the request, one should be scheduled.

2. Opine whether it is at least as likely as not (50 percent or greater probability) that the currently diagnosed bilateral shoulder rotator cuff tear and impingement    with acromioclavicular arthritis had its onset during the Veteran's service or within one year of service discharge or is otherwise is etiologically related to service. 

In rendering this opinion, the examiner should specifically consider any lay statements provided by the Veteran concerning his shoulder injuries and duties as a combat engineer, to include addressing the Veteran's report that     he "self-medicated with over the counter medicine until it got too much for such treatment and was then surgically repaired" and that that "after being discharged I continued having many back, neck, and shoulder problems through the years." The examiner should explain why or why not.

3. If the claims remain denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. N. Wilson, 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.