Citation Nr: 24013293 Decision Date: 03/28/24 Archive Date: 03/28/24 DOCKET NO. 22-00 326 DATE: March 28, 2024 REMANDED Service connection for a right shoulder disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from September 2010 to June 2011 and from April 2017 to June 2017. The Veteran testified before the undersigned Veterans Law Judge during an April 2023 hearing and a transcript is of record. This matter is on appeal from a September 2018 rating decision. 1. Service connection for a right shoulder disability is remanded. VA must provide an examination with regard to a claim for disability compensation when there is competent evidence of a disability that may be associated with an in-service disease, injury or event, but there is insufficient information to make a decision on the claim. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). The Veteran's VA treatment records during the period on appeal note chronic right shoulder/scapular dysfunction and the Veteran has repeatedly reported that his right shoulder symptoms had their onset during his second period of active duty service. The threshold for determining whether the evidence "indicates" that there "may" be a nexus between a current disability and an in-service event, injury, or disease is a low one. Id. at 83. This evidence meets that threshold, and a remand is warranted to afford the Veteran a VA examination. The Board emphasizes that it is not determining whether or not the Veteran's lay statements, including whether he had continuity of symptoms, are credible at this time, as the additional development set forth in the directives below could impact that determination. Although the Board is requesting medical opinions regarding the lay contentions, this is for thoroughness and not based on a finding that the contentions are credible. The matters are REMANDED for the following action: 1. Arrange for an examination by an appropriate clinician for the purpose of determining the etiology of the Veteran's right shoulder disability.? The entire claims file and a copy of this remand must be made available to the clinician for review.? The clinician must provide an opinion as to whether the Veteran's right shoulder disability had its origin in service or is related to the Veteran's active service. Although an independent review of the claims file is required, the Board calls the clinician's attention to the Veteran's reports during April 2018, May 2018, and October 2018 VA treatment appointments, as well as his testimony during April 2021 and April 2023 hearings, regarding the onset and continuity of his symptoms. The rationale for any opinion expressed should be provided. Note that an absence of records of treatment or a diagnosis in service cannot serve as the sole basis for a negative finding and that chronicity of care is not a requirement for service connection. If an opinion cannot be made without resort to speculation, the clinician should so state and provide reasoning as to why a conclusion would be so outside the norm that such an opinion is not possible. 2. Ensure that the directives specified in this remand have been implemented.? If they have not, appropriate corrective action must be undertaken before?readjudication. ?Stegall v. West, 11?Vet. App.?268 (1998).??? 3. Then, readjudicate the claim.? If the decision is adverse to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response.? Then, return the case to the Board. D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Frank, 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.