Citation Nr: 0719424 Decision Date: 06/27/07 Archive Date: 07/05/07 DOCKET NO. 04-08 876 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES 1. Entitlement to service connection for right shoulder impingement disorder, with rotator cuff repair. 2. Entitlement to service connection for left shoulder impingement disorder, with rotator cuff repair. REPRESENTATION Appellant represented by: Military Order of the Purple Heart of the U.S.A. ATTORNEY FOR THE BOARD K. Millikan Sponsler, Associate Counsel INTRODUCTION The veteran served on active military duty from May 1970 to January 1972. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 2003 rating decision by the Cleveland, Ohio, Regional Office (RO) of the Department of Veterans Affairs (VA). The appeal is remanded to the RO via the Appeals Management Center (AMC), in Washington, DC. REMAND By a January 2006 Board remand, the AMC was instructed to obtain a VA nexus opinion regarding the veteran's claim for entitlement to service connection for bilateral shoulder impingement disorder, with rotator cuff repair. The Board remand contained specific instructions regarding the required medical opinions. Although the AMC obtained a VA nexus opinion, the examiner did not provide answers to the specific questions as noted in the remand. These questions must be addressed before an appellate decision can be made. RO compliance with a remand is not discretionary and where the RO fails to comply with the terms of a remand, another remand for corrective action is required. Stegall v. West, 11 Vet. App. 268 (1998). Accordingly, the case is remanded for the following action: 1. The claims file, including the veteran's service medical records and this Board remand, must be made available and reviewed by a VA orthopedic examiner. The VA examiner must provide a nexus opinion regarding the etiology and onset of the veteran's bilateral shoulder impingement disorder and rotator cuff repair. The examiner must state whether any diagnosed shoulder disorder or rotator cuff repair are related to the veteran's military service or to any incident therein. The examiner is specifically requested to provide opinions regarding whether the veteran's bilateral shoulder impingement and rotator cuff repair were caused by 1) the veteran's lacerating wound/fragment wound to his right shoulder, 2) being bounced against the APC's service and dash panels during the January 1971 combat incident, and/or 3) the repetitive motion involved in driving an APC for a year in Vietnam. If the examiner cannot provide the above requested opinions without resort to speculation, it must be so stated. A complete rationale for all opinions must be provided. The report prepared must be typed. If the examiner determines that an examination is necessary to form a nexus opinion, one shall be conducted. All pertinent symptomatology and findings must be reported in detail. Any indicated diagnostic tests and studies must be accomplished. The claims file must be made available to and reviewed by the examiner. The report prepared must be typed. 2. The RO must notify the veteran that it is his responsibility to report for any VA examination scheduled, and to cooperate in the development of the claim. The consequences for failure to report for a VA examination without good cause may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655 (2006). In the event that the veteran does not report for any examination, documentation must be obtained which shows that notice scheduling the examination was sent to the last known address. It must also be indicated whether any notice that was sent was returned as undeliverable. Copies of all documentation notifying the veteran of his VA examination must be placed in the veteran's claim file. 3. After the development requested has been completed, the RO must review the examination reports to ensure they are in complete compliance with the directives of this remand. Stegall v. West, 11 Vet. App. 268 (1998). If the reports are defective in any manner, the RO must implement corrective procedures at once. 4. After completing the above actions, the RO must readjudicate the veteran's claim for service connection for bilateral shoulder impingement disorder and rotator cuff repair, taking into consideration any and all evidence that has been added to the record since its last adjudicative action. If the benefit sought on appeal remains denied, the veteran and his representative must be provided a supplemental statement of the case and given an appropriate opportunity to respond. Thereafter, the case must be returned to the Board for appellate review. No action is required by the veteran until he receives further notice; however, he may present additional evidence or argument while the case is in remand status at the RO. Kutscherousky v. West, 12 Vet. App. 369 (1999). _________________________________________________ JOY A. MCDONALD Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2006).