Citation Nr: 22033232
Decision Date: 06/07/22	Archive Date: 06/07/22

DOCKET NO. 18-06 789
DATE: June 7, 2022

REMANDED

Entitlement to service connection for a left shoulder disorder is remanded.

Entitlement to service connection for a left elbow disorder is remanded.

REASONS FOR REMAND

The Veteran had active military service from August 2005 to May 2009.  He testified before the undersigned Veterans Law Judge during a June 2021 hearing.  This matter is on appeal from a February 2017 rating decision.  It was previously remanded by the Board of Veterans' Appeals (Board) in October 2017, June 2018, and September 2021. 

1. Entitlement to service connection for a left shoulder disorder is remanded.

2. Entitlement to service connection for a left elbow disorder is remanded.

Unfortunately, there has not been substantial compliance with the Board's previous remand directives, and another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  The Board most recently remanded these issues, in part, to obtain new VA examinations with medical opinions.  The Board instructed that the qualifications of the examiner offering the examination and medical opinions must be provided.  See Francway v. Wilkie, 930 F.3d 1377 (2019).  New examinations with opinions were obtained in November 2021; however, the qualifications of that examiner were not obtained or provided to the Veteran in accordance with the Board's remand.    

The matters are REMANDED for the following action:

Obtain and provide the Veteran information regarding the qualifications of the November 2021 VA examiner, to include a curriculum vitae or other similar material and include copies of the information provided to the Veteran in the claims file.  If the requested curriculum vitae and other credentialing documentation is not obtainable, the Veteran and his representative should be notified, and the reasons for such should be documented in the record. 

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Barstow, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.