Citation Nr: 1323517	
Decision Date: 07/24/13    Archive Date: 08/01/13

DOCKET NO.  09-50 316	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina


THE ISSUE

Entitlement to service connection for right and left carpal tunnel syndrome.


REPRESENTATION

Veteran represented by:	Disabled American Veterans


WITNESSES AT HEARING ON APPEAL

Veteran and B. A. 

ATTORNEY FOR THE BOARD

J. Meawad, Counsel






INTRODUCTION

The Veteran, who is the appellant, had active service from September 1980 to March 1981 and active duty from February 1982 to June 1991.

This matter is before the Board of Veterans' Appeals (Board) on appeal of a rating decision in May 2007 of a Department of Veterans Affairs (VA) Regional Office (RO).

In July 2012, the Veteran appeared at a hearing before the undersigned Veterans Law Judge re.  A transcript of the hearing is in the Veteran's file. 

The Veteran has a pending claim for a dental condition.  

The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC.  VA will notify the appellant if further action is required.


REMAND

The Veteran was afforded three VA examinations to evaluate her claim of service connection for right and left carpel tunnel syndrome.  The examinations have resulted in conflicting opinions.  Also the record appears incomplete as private medical records, pertinent to the claim, have not been requested. 

As the evidence of record is insufficient to decide the claim, further development under the duty to assist is needed.  





Accordingly, the case is REMANDED for the following action:


1.  Ask the Veteran either to submit or to authorize VA to obtain on her behalf the records of Dr. Charya, MD, pertaining to electrodiagnostic testing and X-rays done on evaluation in September 2006.

2.  Afford the Veteran a VA examination by a physician who has not previously examined to determine:

Whether it is more likely than not (probability greater than 50 percent), at least as likely as not (probability of 50 percent), or less likely than not (probability less than 50 percent), that either right or left carpal tunnel syndrome or both:

Are related to the assessment of wrist tendinitis and arthritis in December 1983 [the record is  not clear as to whether it was the right or left wrist, or to the findings of peripheral neuropraxia in the right forearm and hand in may 1991 or the development of a new and separate condition?  

The Veteran's file must be made available to the VA examiner for review. 





2.  After the above development, adjudicate the claim of service connection.  If the benefit sought is denied, furnish the Veteran and her representative a supplemental statement of the case and return the case to the Board

The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

The claim must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner.  38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012).



_________________________________________________
George E. Guido Jr. 
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) (2012).