Citation Nr: 20044066
Decision Date: 06/30/20	Archive Date: 06/30/20

DOCKET NO. 17-09 976
DATE: June 30, 2020

REMANDED

Entitlement to service connection for carpal tunnel syndrome, right upper extremity, is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Air Force from December 1987 to April 1990 and from September 1995 to December 2012.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from June 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office; this case is in the Board’s legacy appeal system.

In a January 2019 decision the Board denied service connection for carpal tunnel syndrome, right upper extremity.  The Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court), and the Court granted a Joint Motion for Remand (JMR) vacating the January 2019 Board decision.  

In the JMR, the parties agreed that a May 2016 VA examination and opinion was inadequate to support a decision because it relied on inaccurate factual information.  Specifically, the examiner wrote that there was “no medical documentation of right carpal tunnel problems until 3 years after discharge” while the Veteran’s service treatment records show that in November 2007 the Veteran reported some intermittent numbness and tingling in her hands.  The Court ordered VA to obtain a new medical opinion that addresses the November 2007 report of symptoms.  

This matter is REMANDED for the following action:

1. Obtain an opinion by an appropriate clinician to determine the nature and etiology of the Veteran’s carpal tunnel syndrome, right upper extremity.  The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease.  

The clinician must also opine whether the Veteran’s carpal tunnel syndrome, right upper extremity, at least as likely as not (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service.

The clinician’s opinions must specifically address the following evidence:

a.	November 2007 Neurology Consultation including Veteran’s complaint of intermittent numbness and tingling in her hands.

b.	Veteran’s lay statements regarding the onset and progression of her symptoms. 

The clinician is reminded that while the Veteran is not competent to diagnose her own condition, she is competent to report her own subjectively experienced lay-observable symptoms.

Only if the clinician cannot provide the required opinions based on the record alone, schedule the Veteran for an appropriate examination.

2. Readjudicate the Veteran’s claim.

 

MARTIN B. PETERS

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Zimmerman

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.