Citation Nr: 21065208
Decision Date: 10/25/21	Archive Date: 10/25/21

DOCKET NO. 17-38 513
DATE: October 25, 2021

REMANDED

Entitlement to service connection for left rotator cuff tendonitis secondary to left wrist strain is remanded.

Entitlement to service connection for nerve damage of the left hand secondary to left wrist strain is remanded. 

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps June 1983 to April 1987. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2015 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). In November 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record.

1. Entitlement to service connection for left rotator cuff tendonitis.

2. Entitlement to service connection for nerve damage of the left hand.

During the November 2020 Board hearing, the Veteran testified that the results from his November 2011 wrist surgery were not available to the October 2015 VA examiner. He asserted that if the examiner had this report available, the outcome of the medical opinion would have been different. The Veteran also stated that his surgery to correct his left wrist injury resulted in his limitation to fully use his left hand and left shoulder without pain. He reported that prior to the surgery, he did not have problems with his left shoulder.

Since the Board hearing, the November 2011 surgery report has been associated with the file. This report was not previously associated with the record when the previous medical opinions were rendered. See October 2015 Wrist VA examination (copies of the operative report were never sent to VA records). The examination for the wrist, shoulder, and left hand were performed at the same time. Therefore, remand is necessary to consider this evidence in a new medical opinion. 

These matters are REMANDED for the following action:

1. Obtain an addendum medical opinion from an appropriate clinician to determine the nature and etiology of the Veteran's left rotator tendonitis and left-hand nerve damage. A complete copy of the claims file must be provided to the clinician for review. The clinician is asked ot review the claims file and indicate in the record that he or she has done so. The need for a physical examination is left to the discretion of the clinician. The clinician is also asked to review and acknowledge the November 2011 surgery report and determine:

a. whether the Veteran's left rotator tendonitis is at least as likely as not proximately due to or aggravated beyond its natural progression by the Veteran's service-connected wrist disability or as a result of the November 2011 wrist surgery.

b. whether the Veteran's left-hand nerve damage is at least as likely as not proximately due to or aggravated beyond its natural progression by the Veteran's service-connected wrist disability or as a result of the November 2011 wrist surgery. 

A complete rationale must be provided for any opinion rendered. If the clinician cannot provide the requested opinion without resorting to speculation, it must be so stated, and the clinician must provide the reasons why an opinion would require speculation. The clinician must indicate whether there was any further need for information or testing necessary to make a determination.

2. After ensuring compliance with this remand, readjudicate the claims on appeal. 

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Harris, Attorney Advisor

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.