Citation Nr: 20002128 Decision Date: 01/09/20 Archive Date: 01/09/20 DOCKET NO. 16-41 667 DATE: January 9, 2020 REMANDED Entitlement to service connection for arthritis in the right hand is remanded. Entitlement to service connection for right carpal tunnel syndrome is remanded. Entitlement to an initial rating in excess of 10 percent for a right shoulder disability is remanded. Entitlement to a rating in excess of 30 percent for a left shoulder disability is remanded. REASONS FOR REMAND The Veteran had active military service from August 1979 to July 1983. This matter comes to the Board of Veterans Appeals (Board) on appeal from the February 2014 and July 2015 rating decisions issued by the Department of Veteran Affairs (VA) Regional Office (RO). In connection with this appeal, the Veteran testified at a hearing before the undersigned Veterans Law Judge in September 2019. A transcript of that hearing has been associated with the claims file. The Board finds that additional development is required before the claims on appeal are decided. Service Connection – Right Hand Arthritis & Carpal Tunnel Syndrome The Veteran contends that he has right hand arthritis and right carpal tunnel syndrome that are due to overcompensation resulting from his service-connected left shoulder disability. A review of the record shows that the Veteran was diagnosed with right hand arthritis and right carpal tunnel syndrome by his private treatment providers in May 2014 and April 2015, respectively. A review of the record shows that the Veteran has not been afforded a VA examination to determine the nature and etiology of his right carpal tunnel syndrome and his right hand arthritis. In light of the Veteran’s report that overcompensation for his left shoulder disability causes his right upper extremity disability to get worse, and the current diagnoses of right carpal tunnel and right hand arthritis; the Board finds that the Veteran should be afforded a VA examination to determine the nature and etiology of his right carpal tunnel syndrome and right hand arthritis. McLendon v. Nicholson, 20 Vet. App. 79 (2006). Increased Rating – Right Shoulder Disability The Board find that the Veteran submitted a timely notice of disagreement in November 2015 with the rating assigned for his right shoulder disability in the July 2015 rating decision. A review of the record shows that the Veteran has not been issued a statement of the case addressing that issue. Where a notice of disagreement has been filed with regard to an issue, and statement of the case has not been issued, the appropriate Board action is to remand the issue for issuance of a statement of the case. Manlincon v. West, 12 Vet. App. 238 (1999). Increased Rating – Left Shoulder Disability The Veteran was last afforded a VA examination for his left shoulder in February 2015. At his September 2019 hearing, the Veteran reported additional symptoms resulting from his left shoulder disability, to include radiating pain and numbness into the lower part of his left extremity resulting from his left shoulder disability. As it appears that the symptoms associated with his left shoulder disability may have increased in severity since his February 2015 VA examination, the Board finds that the Veteran should be afforded a new VA examination to determine the current level of severity of all impairment resulting from his left shoulder disability. Additionally, current treatment record should be identified and obtained before a decision is made in this case. The matters are REMANDED for the following action: 1. Identify and obtain any outstanding, pertinent VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for a VA examination to determine the nature and etiology of any arthritis in the right hand. The claims file must be made available to and reviewed by the examiner. Any indicated studies, to include diagnostic imaging, must be performed. Based on the examination results and review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present right hand arthritis was caused or aggravated by a service-connected disability, to include any overcompensation or altered body mechanics resulting from such. The rationale for all opinions expressed must be provided. 3. Then, schedule the Veteran for a VA examination to determine the nature and etiology of any right carpal tunnel syndrome. The claims file must be made available to and reviewed by the examiner. Any indicated studies, to include diagnostic imaging, must be performed. Based on the examination results and review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present right carpal tunnel syndrome was caused or aggravated by a service-connected disability, to include any overcompensation or altered body mechanics resulting from such. The rationale for all opinions expressed must be provided. 4. Then, schedule the Veteran for a VA examination to determine the current level of severity of all impairment resulting from his service-connected left shoulder disability. The claims file must be made available to and reviewed by the examiner. Any indicated tests and studies must be performed. The examiner must provide all information required for rating purposes. 5. Confirm that the VA examination reports and all medical opinions provided comport with this remand and undertake any other development determined to be warranted. 6. Then, issue a statement of the case as to the claim of entitlement to an increased rating for a right shoulder disability. Inform the Veteran of the requirements to perfect an appeal. If the Veteran perfects an appeal, return the case to the Board. 7. Then, readjudicate the remaining claims on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate opportunity for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ivan Franklin The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.