Citation Nr: 22042883 Decision Date: 07/28/22 Archive Date: 07/28/22 DOCKET NO. 17-17 671 DATE: July 28, 2022 REMANDED Entitlement to service connection for right shoulder bursitis, claimed as rotator cuff impairment with numbness of the right hand, triceps, and bicep, is remanded. REASONS FOR REMAND The Veteran had active duty service with the United States 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 by a 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, and bicep. The Veteran filed an appeal to the Court of Appeals of Veterans Claims (the Court) contesting the Board's January 2021 decision. In November 2021, on the basis of a Joint Motion for Remand (JMR), the Court vacated and remanded the Board's decision for further consideration. The Court found the medical opinion relied upon failed to consider the Veteran's lay statements as directed by the Board. In April 2022, the Board remanded this issue for further development. However, the nexus opinion rendered in May 2022 as a result of the remand suffers from the same inadequacy as the prior, February 2020 examination and opinion. Although the examiner recited the Veteran's lay reports of onset and pain, as well as continuity since service, the resulting opinion relied on the lack of documented treatment and generalized medical facts regarding the usual or typical course of acute bursitis. Remand is required for an opinion which complies with the Board, and Court, remand directives. Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following action: 1. Return the claims file to the examiner who conducted the May 2022 examination. Following review of the file and her examination report, the examiner must opine as to whether any currently diagnosed right shoulder disability is at least as likely as not caused or aggravated by service. A full and complete rationale for the opinion is required; the documentary evidence and the lay statements describing the history of the claimed condition must be addressed. Specifically, the examiner must consider the Veteran's reports of continued pain from 1984 until 1995, when she again sought treatment. If such evidence is rejected, an explanation is required. (Continued on the next page) 2. Then, readjudicate the claim. If the benefit sought remains denied, issue a supplemental statement of the case and, after appropriate time for response, return the matter to the Board if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Robert Batten 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.