Citation Nr: 18154146
Decision Date: 11/29/18	Archive Date: 11/29/18

DOCKET NO. 09-05 775
DATE:	November 29, 2018
REMANDED
Entitlement to service connection for right biceps tendonitis, claimed as right shoulder, pain, to include as secondary to service connected disabilities or due to an undiagnosed illness is remanded.
REASONS FOR REMAND
The Veteran served on active duty from April 1987 to April 1993, to include service in the Southwest Asia Theater of Operations during the Persian Gulf War. 
Entitlement to service connection for right biceps tendonitis, claimed as right shoulder, pain, to include as secondary to service connected disabilities or due to an undiagnosed illness is remanded.
This matter is on appeal from a May 2008 rating decision of the Department of Veterans Affairs (VA), Regional Office (RO) in St. Petersburg, Florida. The issue of service connection for right biceps tendonitis (claimed as a right shoulder disability) was previously remanded to obtain an opinion as to secondary service connection.  VA treatment records were also obtained an associated with the claims file.  However, the Veteran’s claim was not readjudicated as directed by the Board’s September 2017 remand.  
Pursuant to 38 C.F.R. § 20.1304(c) (2018), any pertinent evidence submitted to the Board by the AOJ (Agency of Original Jurisdiction) after the certification of appeal must be referred to the AOJ for review, unless such procedural right is waived by the Veteran or his or her representative, or unless the Board determines that the benefits to which the evidence relates may be fully allowed on appeal without such referral. See also 38 U.S.C. § 7105(d) (2012); 38 C.F.R. §§ 19.31, 19.37 (2018).
The Veteran has not waived initial review by the AOJ and the Board finds that a remand is required for further action. See 38 C.F.R. §§ 19.31, 19.37, 20.1304(c); see also Stegall v. West, 11 Vet. App. 268 (1998) (holding that a remand confers on the claimant, as a matter of law, the right to compliance with... the right to compliance with the remand instructions, and imposes upon VA a concomitant duty to ensure compliance with the terms of the remand. 
The matter is REMANDED for the following action:
Readjudicate the claim on appeal. If any decision remains adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then return the case to the Board, if otherwise in order.
 
ROBERT C. SCHARNBERGER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD:	Jonathan Trickey, Counsel

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For More Information on Veterans Disability Compensation Benefits! Visit: DisableVeteran.org ~ A Non-Profit Non Governmental Agency


Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.