Citation Nr: 21073378 Decision Date: 12/08/21 Archive Date: 12/08/21 DOCKET NO. 16-41 185 DATE: December 8, 2021 ORDER Entitlement to service connection for left upper extremity radiculopathy, to include as secondary to a service-connected cervical spine disability is dismissed. REMANDED Entitlement to service connection for right upper extremity radiculopathy, to include as secondary to a service-connected cervical spine disability is remanded. Entitlement to service connection for a left shoulder disability, to include as secondary to a service-connected cervical spine disability is remanded Entitlement to service connection for a psychiatric disability, including anxiety and depression, to include as secondary to a cervical spine disability is remanded. FINDING OF FACT An October 2019 rating decision granted the Veteran's claim of entitlement to service connection for left upper extremity radiculopathy. CONCLUSION OF LAW There being no justiciable case or controversy, the Veteran's claim of entitlement to service connection for left upper extremity radiculopathy is dismissed. 38 U.S.C. §§ 7104, 7105 (2018); 38 C.F.R. § 20.101 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 2004 to June 2007. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran requested a videoconference hearing when he submitted his VA Form 9 (Substantive Appeal) in August 2016. In September 2021, the Veteran was advised that he was scheduled for a hearing before the Board in November 2021. In October 2021, the Veteran withdrew his request for a hearing. Service Connection Left Upper Extremity Radiculopathy The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101. The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105(d)(5). In this case, a review of the record shows that, while the Veteran's appeal of the December 2014 decision was pending, an October 2019 rating decision granted the Veteran's claim of entitlement to service connection for left upper extremity. This constitutes a full grant of the benefit sought on appeal. Accordingly, the Veteran's claim currently on appeal is moot because the benefit sought on appeal has already been granted. Based on the foregoing, the Board finds that the issue of entitlement to service connection for left upper extremity radiculopathy should be dismissed as already granted and there is no justiciable case or controversy before the Board at this time with respect to this claim. 38 U.S.C. § 7105(d)(5). REASONS FOR REMAND A review of the claims file reveals that a remand is necessary before a decision on the remaining claims can be reached. The Veteran contends that his claimed right upper extremity disability, left shoulder disability, and a psychiatric disorder are secondary to a cervical spine disability for which service connection was granted in an October 2019 rating decision. With regard to the right upper extremity, in June 2019 the Veteran's private clinician indicated that the Veteran had trouble grasping with his hands and a nerve conduction study correlated to abnormal findings. However, a March 2012 electromyography revealed only a left upper extremity radiculopathy. Additionally, a May 2015 VA examination revealed left upper extremity radiculopathy but no findings pertinent to the right upper extremity. In light of the Veteran's continued reports of problems with the right upper extremity, another examination should be conducted to determine whether the Veteran has a current right upper extremity radiculopathy secondary to his service-connected cervical spine disability. With regard to the left shoulder, the Veteran's private treatment reports reflect complaints of left shoulder symptoms. However, it is unclear whether the Veteran has a diagnosed left shoulder disability or whether his left shoulder symptoms represent functional impairment due to the service-connected cervical spine disability. As such, a VA examination and etiology opinion should be obtained. With regard to the claimed psychiatric disability, the VA outpatient treatment reports reveal complaints of anxiety and depression and a diagnosis of depressive disorder. In order to properly adjudicate the claim for a psychiatric disorder, a VA examination and etiology opinion should be obtained. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination to determine the nature and etiology of any currently present right upper extremity disability. The claims file must be made available to, and reviewed by the examiner. Any indicated studies must be performed. If a right upper extremity disability is found to be present, provide an opinion as to whether it is at least as likely as not (50 percent or better probability) caused or aggravated by the Veteran's service-connected cervical spine disability. A complete rationale for all opinions must be provided. 2. Schedule the Veteran for an examination to determine the nature and etiology of any currently present left shoulder disability, to include any resulting chronic functional impairment. The claims file must be made available to, and reviewed by the examiner. Any indicated studies must be performed. If a left shoulder disability, to include any resulting chronic functional impairment is found to be present, provide an opinion as to whether it is at least as likely as not (50 percent or better probability) caused or aggravated by the Veteran's service-connected cervical spine disability. A complete rationale for all opinions must be provided 3. Schedule the Veteran for an examination to determine the nature and etiology of any currently present psychiatric disability. The claims file must be made available to, and reviewed by the examiner. For any psychiatric disability found to be present, to include anxiety, depression, and depressive disorder, provide an opinion as to whether it is at least as likely as not (50 percent or better probability) caused or aggravated by the Veteran's service-connected cervical spine disability. A complete rationale for all opinions must be provided 4. Confirm that the VA examination reports, and all medical opinions provided comport with this remand, and undertake any other development determined to be warranted. 5. Then, readjudicate the claims. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the claim to the Board. Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Cryan, 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.