Citation Nr: 21066831
Decision Date: 11/02/21	Archive Date: 11/02/21

DOCKET NO. 19-00 018
DATE: November 2, 2021

REMANDED

Service connection for a left arm disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1981 to April 1984.  He had active duty for training in January 1980 to April 1980.  He had additional periods of reserve service from January 1995 to December 1996.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2016rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

1. Service connection for a left arm disability is remanded.

Unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding the issue of service connection for a left arm disability.  Another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The April 2020 Board remand recharacterized the claim to include more than residuals of a vaccine injury.  It included a carpal tunnel disability as well.  Consequently, the remand directives required VA to obtain an opinion as to whether carpal tunnel syndrome is related to service.  No such opinion was obtained.  

Moreover, the remand directives asked for an opinion as to the likely or confirmed vaccinations.  The Board acknowledges that no vaccinations have been confirmed.  Nonetheless, the Board anticipates that certain vaccinations would be routine for servicemembers.  Thus, an opinion as to those vaccinations should be obtained.

The matters are REMANDED for the following action:

1. Obtain medical opinion from a neurologist addressing the Veteran's left arm disability(ies).  A physical examination of the Veteran or telehealth examination is only required if deemed necessary by the clinician.  The clinician should opine as follows:

(a.) Based on medical knowledge of vaccines routinely or likely administered to service personnel in 1984 and the Veteran's description of the vaccination he received that rendered him unconscious for several hours, is it least as likely as not that any of the Veteran's current left arm disabilities are related to a vaccination or injection given in service.

(b.) Whether it is at least as likely as not that carpal tunnel syndrome is related to an in-service injury, event, or disease, including lifting giant pots, pans and coffee urns, cooking for numerous servicemembers, mopping floors, and washing dishes.  

(c.) Whether it is at least as likely as not that the Veteran's carpal tunnel syndrome began within one year of separation from service.  

The clinician must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report.  If any of the above requested opinions cannot be made without resort to speculation, the clinician must state this and provide a rationale for such conclusion

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Rocktashel, 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.