Citation Nr: 18140032 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 15-25 466 DATE: October 2, 2018 ORDER New and material evidence having been received, the claim for entitlement to service connection for numbness in fingers (now claimed as carpal tunnel syndrome, left hand) is reopened, and to that extent, the appeal is granted. REMANDED Entitlement to service connection for left hand carpal tunnel syndrome is remanded. Entitlement to service connection for right hand carpal tunnel syndrome is remanded. FINDING OF FACT In a January 2013 rating decision, the Department of Veterans Affairs (VA) Regional Office (RO) denied entitlement to service connection for numbness in fingers (now claimed as carpal tunnel syndrome, left hand). The Veteran did not appeal that decision in a timely manner and no new and material evidence was submitted within one year of the rating decision, and, as such, that rating decision is final with respect to this issue. CONCLUSIONS OF LAW 1. The January 2013 rating decision denying service connection for numbness in fingers (now claimed as carpal tunnel syndrome, left hand) is final. 38 U.S.C. § 7105 (West 2002); 38 C.F.R. §§ 20.201, 20.302, 20.1103 (2012). 2. New and material evidence has been received and the claim seeking service connection for numbness in fingers (now claimed as carpal tunnel syndrome, left hand) is reopened. 38 U.S.C. §§ 5108, 7105; 38 C.F.R. § 3.156(a). REASONS AND BASES FOR FINDING AND CONCLUSIONS The Veteran served on active duty in the United States Marine Corps from June 1965 to May 1969, and in the United States Army from November 2003 to September 2004, and October 2004 to September 2007. The Veteran also served in the Army National Guard. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision. The Veteran testified at a hearing with the undersigned in March 2018. A transcript of that hearing is in the Veteran’s file. New and Material Evidence The RO denied entitlement to service connection for numbness in fingers (now claimed as carpal tunnel syndrome, left hand) in a January 2013 rating decision, finding there was no evidence of an in-service event or that the Veteran’s service caused his disability. The Veteran was provided notice of this decision and his appellate rights but did not appeal the decision and new and material evidence was not received within one year of the decision. Therefore, the decision is final. See 38 C.F.R. §§ 3.156, 20.302, 20.1103 (2012). The Veteran filed a request to reopen his claim, which was again denied in April 2014 stating that no new and material evidence had been received establishing an in-service event. The evidence received since the April 2014 rating decision includes evidence that is both new and material to the claim. See 38 C.F.R. § 3.156. For example, the Veteran had carpal tunnel release surgery in September 2015 and in October 2015, the Veteran submitted private medical records which contained an opinion that his military service exercise regime may be a significant contributing factor of his carpal tunnel syndrome, left hand. In May 2018, the Veteran submitted buddy statements stating that the Veteran had complained of wrist pain throughout his military service. This new evidence addresses the reason for the previous denial, that is, a relationship to service, and raises a reasonable possibility of substantiating the claim. The credibility of this evidence is presumed for purposes of reopening the claim. See Justus v. Principi, 3 Vet. App. 510, 513. Accordingly, the claim is reopened and will be considered on the merits. The Board has determined that additional development is necessary before the merits of the Veteran’s claim for service connection for left hand carpal tunnel syndrome can be addressed. REASONS FOR REMAND Additional development is necessary prior to a decision on these issues. A VA medical opinion has not been obtained to address whether the Veteran’s carpal tunnel syndrome is related to his military service. Notably, treatment records show complaints of numbness in the fingers during the Veteran’s period of active duty from 2004 to 2007. In May 2018, the Veteran submitted statements from friends and his wife, stating that the Veteran had complained of right wrist pain from his military service working as a clerk from typing and from playing instruments in the military band. The Veteran also submitted a statement from his Colonel, stating the Veteran had fallen while on duty in 2005 injuring his wrist and had received treatment at the medical center on base. Moreover, in an October 2015 letter, the Veteran’s physician noted his belief that the Veteran’s prolonged period of wrist loading and pressure during the military may have been a significant contributing factor in the development of his carpal tunnel syndrome. While this statement is speculative, it does suggest that there may be a relationship between service and a current disability. Thus, a medical opinion should be obtained. 38 C.F.R. § 3.159. While the Veteran has submitted some service treatment records from his periods of service from 2003 to 2007, it is unclear if all such records have been obtained. On remand, all outstanding service treatment records should be added to the file. The matters are REMANDED for the following actions: 1. Obtain all service treatment records, to include records from the Veteran’s active duty periods from November 2003 to September 2004 and October 2004 to September 2007. 2. Ask the Veteran to identify all outstanding treatment records relevant to his carpal tunnel syndrome claims. All identified VA records should be added to the claims file. All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 3. After records development is completed, the Veteran should be afforded a VA examination to obtain an opinion as to whether his current bilateral carpal tunnel syndrome is related to service. The claim file should be reviewed by the examiner. All necessary tests should be conducted and the results reported. The examiner should elicit a full history from the Veteran and consider the lay statements of record. It is noted that the Veteran is competent to attest to factual matters of which he has first-hand knowledge. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. Following review of the claims file and examination of the Veteran, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the current bilateral carpal tunnel syndrome is related to an in-service injury, event, or disease. (Continued on the next page)   A rationale for all opinions expressed should be provided as the Board is precluded from making any medical findings. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Megan Shuster, Law Clerk