Citation Nr: 18147318 Decision Date: 11/05/18 Archive Date: 11/02/18 DOCKET NO. 12-35 394 DATE: November 5, 2018 REMANDED Entitlement to service connection for bilateral carpal tunnel syndrome (CTS) of the hands is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1972 to June 1975, from October 1976 to February 1979, and from May 1979 to August 1986. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. By that rating action, the RO, in part, denied service connection for bilateral carpal tunnel syndrome of the hands. Jurisdiction of the appeal resides with the RO in Atlanta, Georgia. In January 2017, the Veteran testified before the undersigned at the Atlanta, Georgia RO. A copy of the hearing transcript is of record. In its May 2017 decision, the Board denied service connection for bilateral CTS of the hands. The Veteran appealed the Board’s May 2017 decision to the United States Court of Appeals for Veterans Claims (Court). In May 2018, the Court issued an Order, wherein it granted a May 2017 Amended Joint Motion of the Parties for Partial Remand (AJMPR) of the Board’s May 2017 decision. The AJMPR vacated and remanded the Board’s denial of the claim for service connection for bilateral CTS of the hands. The Court left undisturbed the Board’s May 2017 denial of the claim for service connection for arthritis of the elbows and denials for petitions to reopen previously denied claims for service connection for lumbar and cervical spine disabilities and systemic arthritis. A copy of the AJMPR and Court’s Order have been incorporated into the record. In its May 2018 Order, the Court found that in denying the claim for service connection for CTS of the hands in its May 2017 decision, the Board had erred in not adequately considering the Veteran’s statement that he had sought treatment for CTS during service, but that his complaints had not been recorded. (See AJMPR at page (pg.) 3)). As such, the Court vacated and remanded the May 2017 Board’s decision for action consistent with its Order. The Veteran seeks service connection for CTS of the hands. He contends that he currently has CTS that is the result of repetitive daily use of his hands while serving as a clerk and cook during military service. (Transcript (T.) at pages (pgs.) 3, 4)). He maintains that although he had sought treatment for hand pain during service, he was unsure if it had been recorded in his service treatment records (STRs). Id. at pg. 5. The Veteran’s STRs do not reveal any subjective complaints of hand pain or clinical findings, or diagnoses of, any neurological disability of the hands, to include CTS. Notably, the Veteran’s upper extremities and neurological systems were evaluated as “normal” at service separation examinations performed in May 1975, February 1979 and August 1986. Notwithstanding the foregoing, and as noted above, the Veteran has maintained that he had sought treatment for hand pain during service and that he was unsure if it had been recorded in his STRs. The Veteran’s DD 214s from his periods of military service reflect, in pertinent part, that from October 1976 to February 1979 and May 1979 to August 1986, his military occupational specialty (MOS) was a Storekeeper (SK-0000), an MOS that required the daily use of the hands while lifting and moving heavy materials/items. Thus, the Board finds his assertion of having had bilateral hand pain secondary to repetitive daily use of his hands to be consistent with the circumstances of his MOS as a Storekeeper during military service. 38 U.S.C. § 1154 (a) (2012). Thus, in view of the parties to the AJMPR’s finding that the Board had erred in not adequately considering the Veteran’s statement that he had sought treatment for hand pain during service that was not recorded, the Board’s finding that his statement is consistent with the circumstances of his MOS as a Storekeeper, and post-service evidence reflecting that he has been diagnosed with CTS of both hands during the appeal period (see November 2006 private medical record and August 2009 VA medical record), the Board finds that the claim must be remanded for a medical opinion that addresses the etiology of the Veteran’s CTS of the hands. The matter is REMANDED for the following action: 1. Obtain an opinion regarding the etiology of the Veteran’s bilateral hand CTS from an appropriate VA medical specialist. The entire claims file must be made available to and be reviewed by the examiner. If an examination is deemed necessary, it shall be provided. An explanation for all opinions expressed must be provided. The reviewing specialist must provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s CTS of the hands had its onset in, or is otherwise related to, his period(s) of military service. In providing the requested opinion, the reviewing medical specialist is advised that the Board has found the Veteran’s statement that he experienced daily hand pain during service as a result of repetitive daily use of his hands to be consistent with his MOS as a Storekeeper. Thomas H. O’Shay Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Carole Kammel, Counsel