Citation Nr: 21004384
Decision Date: 01/27/21	Archive Date: 01/27/21

DOCKET NO. 09-28 464
DATE: January 27, 2021

REMANDED

Entitlement to service connection for triceps enthesopathy (right elbow condition) is remanded.

REASONS FOR REMAND

The Veteran served in the United States Army from February 1981 to January 1984.

In June 2018, the Board issued a decision finding that service connection was not warranted for the issue on appeal. In July 2020, the United States Court of Appeals for Veterans Claims (Court) granted a Joint Motion for Partial Remand (JMPR), vacated and remanded the matter for further development.

Entitlement to service connection for triceps enthesopathy (right elbow condition) is remanded.

It was agreed in the July 2020 JMPR that the Board did not ensure the duty to assist was satisfied. Specifically, it was noted that the VA examinations of record were inadequate because the examiner did not address the Veteran’s statements that he experienced continuous elbow pain since service. Accordingly, a remand is required to address this issue.

The matters are REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s right elbow condition is at least as likely as not related to an incident during service, specifically, the allegation that the Veteran injured his right elbow against a tank while playing football in October 1983.

The examiner MUST address the Veteran’s contentions that he experienced continuous elbow pain since service.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. A. Elliott II, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.