Citation Nr: 23014262
Decision Date: 03/09/23	Archive Date: 03/09/23

DOCKET NO. 18-02 947
DATE: March 9, 2023

REMANDED

The claim of entitlement to service connection for right shoulder disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1973 to July 1975 and October 1975 to October 1993.

This appeal is from a January 2016 rating decision.

In March 2021, the Board remanded this claim for additional development.  Unfortunately, still further development is required, as discussed below.  The Board regrets this additional delay but finds it necessary in order to protect the Veteran's due process rights.

1. The claim of entitlement to service connection for right shoulder disability is remanded.

The Board's March 2021 remand directive was to obtain an opinion that considered the Veteran's statements regarding onset of his disability during service due to carrying hoses on his shoulders and digging.  Instead, the VA examiner relied entirely on a lack of documentation during service.  This is inadequate, and the AOJ (agency of original jurisdiction) failed to substantially complete the Board's directive when it relied upon it in again denying the Veteran's claim.

On remand, another VA examination and opinion shall be obtained.

The matters are REMANDED for the following action:

1. Associate updated VA treatment records with the claims file.

2. After completion of directive 1, schedule the Veteran for an appropriate examination for an opinion on whether it is approximately as likely as not that any right shoulder disability is related to service.  The examiner is asked to elicit from the Veteran a detailed report of the onset of his symptoms and their progress since service.  The examiner is advised that the Veteran's STRs do not show a right shoulder disability but that this is not dispositive of the inquiry, although may be part of the consideration.

The Veteran has attributed right shoulder pain during service to his work in service, hauling hoses and burying them underground.  The examiner is asked to opine on a relationship to service on an "approximately as likely as not" basis, which means that the evidence is nearly equal or in approximate balance.  Based on the Veteran's statements and the available evidence, the examiner is asked whether it is approximately as likely as not that any right shoulder disability is related to the reported pain during service.  If there is any medical reason to accept or reject the proposition that the Veteran's work and symptoms during service and thereafter represented the onset of his current disability, this should be noted.  Stated another way, do the Veteran's reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran's reports generally inconsistent with medical knowledge or implausible?  All opinions must be supported with explanation. 

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Gibson

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.