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
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