Citation Nr: 21001336 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 13-28 224 DATE: January 7, 2021 REMANDED Entitlement to service connection for a nerve disorder of the right upper extremity, to include peripheral neuropathy and carpal tunnel syndrome and as due to exposure to tactical herbicides, is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1965 to February 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of an April 2012 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In November 2018 and September 2020, the Board remanded the Veteran’s service connection claim for additional development. In the last remand, the Board recharacterized the Veteran’s claim as one for peripheral neuropathy or carpal tunnel syndrome to one for a nerve disorder of the upper right extremity. Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). The case is once again before the Board. Entitlement to service connection for a nerve disorder of the right upper extremity, to include peripheral neuropathy and carpal tunnel syndrome and as due to exposure to tactical herbicides, is remanded. In October 2011, the Veteran reported that he began to experience nerve disorder symptoms during service. Specifically, he says he experienced tingling, paresthesia (“pins and needles”), weakness, and pain. He reiterated the same contention in his September 2013 Substantive Appeal. In the last remand, the Board asked the examiner to consider and discuss these statements. While the examiner repeatedly noted medical evidence suggesting that the condition onset later, she did not address the Veteran’s contentions. As such, remand is required for an addendum medical opinion. Stegall v. West, 11 Vet. App. 268, 271 (1998). Remand is further warranted to obtain the Veteran’s Social Security Administration (SSA) records. VA must “make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s claim for a benefit.” 38 U.S.C. § 5103A(a)(1). As part of the duty to assist, VA must, in appropriate cases, obtain relevant records from a Federal department or agency, such as the SSA. 38 C.F.R. § 3.159(c)(2). In October 2001, the Veteran reported to his social worker that the SSA awarded him disability benefits. Almost four years later, his VA healthcare provider noted that the Veteran received disability for severe carpal tunnel syndrome. And more recently, the October 2011 VA examiner indicated that the Veteran left his job as a civil servant due to carpal tunnel syndrome and that he’s been on disability since 1997. To date, his SSA records have not been associated with the claims file, nor does it appear that an attempt has been made to obtain them. Because the Veteran’s SSA records may contain evidence relevant to the claim on appeal, a remand is necessary to allow VA to request these records. See Golz v. Shinseki, 590 F.3d 1317, 1322-23 (Fed. Cir. 2010). Finally, as the case is being remanded for additional development, any outstanding VA treatment records should be associated with the claims file. See Bell v. Derwinski, 2 Vet. App. 611, 613 (1992) (per curiam). The matter is REMANDED for the following action: 1. Obtain all outstanding VA treatment records and associate them with the claims file. 2. Obtain a copy of any decision to grant or deny SSA benefits to the Veteran and the medical records upon which that decision was based and associate them with the claims file. If the search for such records has negative results, the claims file must be properly documented as to the unavailability of those records. 3. Then, arrange for an appropriate healthcare provider to review the Veteran’s claims file and provide an opinion on whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s nerve disorder of the right upper extremity had its onset during service or is due to an event or incident of the Veteran’s period of active service, including tactical herbicide exposure. In rendering an opinion, the examiner is asked to consider and discuss the Veteran’s contention from his October 2011 Correspondence and his September 2013 VA Form 9 that his symptoms began during service. The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries, and that his reports must be considered in formulating the requested opinion. However, if there is a medical reason to doubt its veracity, the examiner should explain why the Veteran’s statements or recollection are inconsistent with the evidence in this case, medical principles relating to the onset and progress of the disease, the specific findings in the record, and/or your professional judgment. If the reviewing health care provider finds that physical examination or telehealth interview of the Veteran and/or diagnostic testing is necessary, such should be accomplished. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 4. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran’s pending claim in light of any additional evidence added to the record. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Canedy, Associate Counsel 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.