Citation Nr: 22033488 Decision Date: 06/08/22 Archive Date: 06/08/22 DOCKET NO. 14-30 843 DATE: June 8, 2022 REMANDED Entitlement to service connection for a bilateral shoulder disability is remanded. REASONS FOR REMAND The Veteran had active service from March 1979 to November 1982. This matter comes before the Board of Veterans' Appeals (BVA or Board) from a September 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran requested a hearing before the Board. The requested hearing was conducted in May 2017 by the undersigned Veterans Law Judge. A transcript is associated with the claims file. In June 2018, the Board remanded the issues of entitlement to service connection for prostate cancer, a bilateral knee disability, a bilateral shoulder disability, bilateral hammertoes, a bilateral hip disability, bilateral pes planus, scoliosis, and PTSD. In an August 2020 rating decision, the issues of entitlement to service connection for prostate cancer, a bilateral knee disability, bilateral hammertoes, a bilateral hip disability, bilateral pes planus, and degenerative arthritis of the spine were granted, and as such, are no longer on appeal. In a September 2021 decision, the Board denied entitlement to service connection for PTSD and remanded the issue of entitlement to service connection for a bilateral should disability. Entitlement to service connection for a bilateral shoulder disability. The Veteran seeks entitlement to service connection for a bilateral shoulder disability. The Veteran previously asserted he has a bilateral shoulder disability that is due to a fall during service, or in the alternative, is due to exposure to cold temperatures during service while in Germany. More recently, in May 2022, the Veteran's representative argues that the Veteran's asserted bilateral shoulder disability is a result of serving as a 63B Light Wheel Vehicle/Power Generation Mechanic during service. The Veteran's representative then cited to two hyperlinked medical articles, stating one article indicates the principal cause of osteoarthritis is wear and tear, and another article that was which purportedly concluded that, "Army Wheel Vehicle Mechanics were more inclined to develop shoulder injuries than their counterparts (Injury Rates and Injury Risk Factors among U.S. Army Wheel Vehicle Mechanics). See May 2022 Written Brief Presentation. On remand, the Veteran and his representative should print out and submit the studies they wish VA to consider in support of the Veteran's claims, rather than simply provide hyperlinks to internet articles that may or may not remain active over time. See Bowey v. West, 11 Vet. App. 106, 108-09 (1998) (holding that the mere reference to non VA documents is insufficient to incorporate them into the record). Additionally on remand, an addendum opinion should be obtained that considers the Veteran's newly asserted theory of entitlement and reference to medical studies that support his theory. (continued on next page) The matters are REMANDED for the following action: 1. Obtain and associate with the claims file all updated treatment records. 2. Send the Veteran and his representative a letter requesting that they submit copies of the medical treatise evidence they would like VA to consider in support of the Veteran's service-connection claim, to specifically include those articles referenced/hyperlinked in the May 2022 Written Brief Presentation. 3. Then, obtain an addendum opinion for the Veteran's claimed bilateral shoulder disability. If deemed necessary by the examiner, afford the Veteran a VA examination. Based on a full review of the record, to include the Veteran's lay statements regarding the incurrence and symptomatology of his disorder, please answer the following: Please opine as to whether it is approximately at least as likely as not that the Veteran's bilateral shoulder disorder had its onset during the Veteran's service or is causally or etiologically due to his duties as a 63B Light Wheel Vehicle/Power Generation Mechanic. The examiner should consider and discuss the following: a) the argument that the Veteran's shoulder disorder is a result of his work as a 63B Light Wheel Vehicle/Power Generation Mechanic while on active duty; b) reference in the May 2022 Written Brief Presentation to an article stating, "The principal cause of AC joint arthrosis is wear and tear due to use. As a person uses his/her arm and shoulder, stress is placed on the joint. This stress produces wear and tear on the cartilage, the cartilage becomes worn over time, and eventually arthritis of the joint may occur. Persons who must use their arms for extended periods of time are susceptible to AC joint arthrosis. Constant overhead lifting, such as is engaged in by weightlifters or construction workers who work overhead, can increase the incidence of the disease. Other susceptible individuals are athletes participating in contact sports or engaging in any activity that may result in a fall on the end of the shoulder. See https://health.ucdavis.edu/orthopaedics/specialties/sports-medicine-info/ac-joint-rehab.html; c) reference in the May 2022 Written Brief Presentation to a study that stated Army Wheel Vehicle Mechanics were more inclined to develop shoulder injuries than their counterparts (Injury Rates and Injury Risk Factors among U.S. Army Wheel Vehicle Mechanics, https://doi.org/10.7205/MILMED.172.9.988). A complete rationale should be given for all opinions and conclusions expressed. (continued on next page) TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Andersen, 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.