Citation Nr: 23055303
Decision Date: 10/10/23	Archive Date: 10/10/23

DOCKET NO. 11-24 905
DATE: October 10, 2023

REMANDED

Service connection for a right shoulder disability is remanded.

Service connection for a left shoulder disability is remanded.

REASONS FOR REMAND

The Veteran, who is the appellant, had active service in the U.S. Navy from February 1984 to February 1988.  This matter is on appeal from a February 2010 rating decision.  In February 2012, the Veteran presented testimony before the Board at a hearing held in Washington, D.C.   

In July 2021, the Board denied service connection for a bilateral shoulder disability, including as secondary to the service-connected back disability.  The Veteran appealed the decision to the U.S. Court of Appeals for Veterans Claims (Court or CAVC).  The July 2021 Board decision was vacated and remanded pursuant to a May 2022 Joint Motion for Partial Remand (Joint Motion or JMPR) on the basis that the Board should have obtained the missing VA chiropractic record dated January 4, 2008, and should have considered diagnoses of shoulder conditions other than shoulder impingement syndrome.

In November 2022, the Board remanded the issues on appeal to obtain the VA chiropractic record dated January 4, 2008 and, thereafter, to obtain an addendum opinion that considers the January 2008 VA chiropractic record.  To comply with the prior remand directives, the identified January 2008 VA chiropractic record was obtained in November 2022, and an addendum medical opinion considering the various shoulder diagnoses of record was obtained in April 2023; however, the April 2023 VA addendum opinion on the question of whether the shoulder disabilities are related to service is not adequate because the reviewer inaccurately stated that the service treatment records showed no findings, events, complaints, or treatment for the shoulders when providing the medical opinion.  The service treatment records show treatment for the shoulders on multiple occasions from 1985 to 1986 and include the Veteran's report at service separation of occasional upper left shoulder pain when it was very cold.  Also, on remand, the April 2023 VA reviewer should discuss the significance of the January 4, 2008 VA chiropractic record.  For these reasons, a remand for an addendum opinion is needed.  

The matters are REMANDED for the following action:

Obtain an addendum opinion from an appropriate examiner on whether any current right and left shoulder disabilities are at least as likely as not related to service, to include symptoms demonstrated therein. 

When providing rationale for the above medical opinion for the shoulder disabilities, the VA examiner should specifically address the various shoulder diagnoses of record: impingement syndrome, bicipital tendonitis, rotator cuff tendonitis, bilateral rotator cuff tears, and biceps tendonitis, as well as service treatment records showing treatment for the shoulders on multiple occasions from 1985 to 1986 and include the Veteran's report at service separation of occasional upper left shoulder pain when it was very cold.  The VA examiner should also discuss the significance of the January 4, 2008 VA chiropractic record.

 

 

J. PARKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Palmer

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.