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UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
KELVIN GUINYARD, APPELLANT,
ROBERT L. WILKIE,
SECRETARY OF VETERANS AFFAIRS, APPELLEE.
Before TOTH, Judge.
Note: Pursuant to U.S. Vet. App. R. 30(a),
this action may not be cited as precedent.
TOTH, Judge: Kelvin Guinyard challenges an April 2019 Board decision denying service
connection for a right shoulder disability.1 He principally argues that the Board relied on an inadequate VA examination and opinion because the examiner relied on an incomplete medical
history—specifically that the examiner did not know that Mr. Guinyard’s right shoulder pain
persisted from the date he injured it in service. Here, because the veteran’s account of his history
of pain post-dated and was not reflected in the VA examiner’s opinion, the Court must vacate for
the Board to obtain an adequate opinion addressing Mr. Guinyard’s assertion.
Mr. Guinyard served in the Army from August 1983 to August 1996. In 1991, Mr.
Guinyard suffered a right rotator cuff injury during a football game. X-rays showed no
abnormalities. Service treatment records reflected that he was instructed to rest for two days and
take prescription pain medications. He was directed to return in two weeks. There were no followup
records. On separation, medical personnel found that he had normal upper extremities and that
he had no physical defects.
1 The Board remanded a service-connection claim for a respiratory disorder. As the Court’s jurisdiction is
premised on final decisions, and remands are not final decisions, it lacks jurisdiction over that claim. See Foreman v.
Shulkin, 29 Vet.App. 146, 147 n.1 (2018).
Nearly two decades later, Mr. Guinyard sought service connection
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Single Judge Application; Kahana v. Shinseki, 24 Vet.App. 428, 435 (2011); Fears v. Wilkie, 31 Vet.App. 308, 314 (2019); because the veteran's account of his history of pain post-dated and was not reflected in the VA examiner's opinion, the Court must vacate;
Designated for electronic publication onlyUNITED STATES COURT OF APPEALS FOR VETERANS CLAIMSNo. 19-4368KELVIN GUINYARD, APPELLANT,V.ROBERT L. WILKIE,SECRETARY OF VETERANS AFFAIRS, APPELLEE.Before TOTH, Judge.MEMORANDUM DECISIONNote: Pursuant to U.S. Vet. App. R. 30(a),this action may not be cited as precedent.TOTH, Judge: Kelvin Guinyard challenges an April 2019 Board decision denying serviceconnection for a right shoulder disability.1 He...