Citation Nr: 22019909
Decision Date: 04/03/22	Archive Date: 04/03/22

DOCKET NO. 17-19 344
DATE: April 3, 2022

REMANDED

Entitlement to service connection for a left shoulder condition, as due to overcompensating for service-connected right shoulder pain, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1991 to November 1995

This matter comes before the Board of Veterans' Appeals (Board) from a November 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). This issue was previously remanded by the Board in August 2021 and has since been returned for further adjudication.

Although the Board regrets additional delay, remand is necessary to adequately address the Veteran's claim.

The Veteran contends that his left shoulder disability has been aggravated due to overcompensating for his right shoulder. He does not contend that his right shoulder disability caused his left shoulder disability, but that due to pain for his right shoulder disability, he has had to rely on his left shoulder, resulting in overuse of his left shoulder. 

In December 2021, the Veteran underwent a VA examination. The examiner stated that it is not likely that the left shoulder condition is aggravated by the right shoulder. The left shoulder would not be injured due to problems with the right shoulder.

The Veteran is not claiming that his right shoulder caused his left shoulder disorder, but rather that he has had to rely on his left shoulder to compensate for right shoulder pain, resulting in overuse. The examiner did not adequately address whether the Veteran's right shoulder disability pain caused him to rely on his left shoulder, resulting in overuse and aggravation of his current left shoulder disability. As stated in the August 2021 Board decision, it is plausible that overuse of the left shoulder to compensate for the Veteran's service-connected right shoulder condition may have resulted in aggravation to his left shoulder condition. Thus, remand is necessary to answer this contention.

The matters are REMANDED for the following action:

1. Ask the Veteran to identify all outstanding treatment records relevant to treatment for the left shoulder.  All identified VA records should be added to the claims file.  All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran.  If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records.

2. After records development is completed, the claims file should be sent to an appropriate examiner to offer an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the current left shoulder disorder is/was at least as likely as not (a) caused by, or (b) aggravated by (worsened beyond natural progression) service-connected right shoulder. 

In offering the opinion, the examiner should specifically address whether the Veteran's reliance on his left shoulder to compensate for right shoulder pain caused or aggravated his left shoulder disability.  The Veteran has asserted that his right shoulder pain caused/causes him to rely on his left shoulder, resulting in overuse and aggravation of his current left shoulder disability.

The need for an examination is left to the discretion of the examiner.  A rationale for all opinions offered is requested as the Board is precluded from making any medical findings. 

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Hofmeister

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.