Citation Nr: 21073977 Decision Date: 12/13/21 Archive Date: 12/13/21 DOCKET NO. 17-58 551 DATE: December 13, 2021 ORDER Entitlement to service connection for left wrist carpal tunnel syndrome is granted. FINDING OF FACT The Veteran's left wrist carpal tunnel syndrome is etiologically related to service. CONCLUSION OF LAW The criteria for entitlement to service connection for left wrist carpal tunnel syndrome have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1957 to July 1961 and from August 1965 to August 1981. He appeals an October 2014 rating decision denying entitlement to service connection for left wrist carpal tunnel syndrome. Service Connection Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. §§ 3.303(a), 3.304, 3.307, 3.309, 3.310. Generally, the evidence must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). 1. Entitlement to service connection for left wrist carpal tunnel syndrome. The Veteran contends that his left wrist carpal tunnel syndrome originated during active service. Specifically, he contends that his duties as a radio operator brought on the condition. After a review of the evidence, the Board finds that service connection is warranted. A review of the Veteran's service treatment records (STR's) shows treatment for a left wrist laceration. No other treatment for any upper left extremity conditions are noted. The Board observes that the Veteran's STR's are replete with evidence of a pre-service right wrist fracture. On a single occasion in March 1977, a medical examiner wrote left wrist fracture instead. This is clearly an error. As such, any discussion of a preexisting wrist condition is of no value to the claim. The Veteran underwent surgery to address his left wrist carpal tunnel syndrome in July 2014. A review of the Veteran's military personnel files confirms that he was radio operator during service. He contends that he began to feel numbness in his left hand due to the constant use required of his duties. The Veteran is left hand dominant. The Board observes that the Veteran is competent to describe his in-service duties, ongoing symptoms (such as numbness), and his statements are credible in this regard. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). To be specific, the Veteran explains that his duties required extensive typing and use of Morse Code. When Morse Code was no longer used, he made extensive use of tele-type machines. He contends that the condition became quite severe during service and worsened thereafter such that surgery was required. Based on the Veteran's competent and credible statements regarding left hand numbness in service and thereafter, the Board finds that a continuity of symptoms since service is established. As to nexus, the Board recognizes a lack of medical evidence. However, as the RO erroneously determined that the Veteran suffered a left wrist fracture before service, C&P exams (which the Veteran did not attend) were ordered to evaluate him for a preexisiting injury. This obviously would not have been a fruitful pursuit as the record clearly shows he did not suffer a pre-service left wrist injury. The Board does not feel the Veteran should be punished for the improper development of his claim, especially since the evidence weighs in his favor. Hence, remand for a C&P exam is not necessary. The Board finds that a nexus has been established as no negative evidence is contained in the record that would refute his assertions. In summary, the preponderance of the evidence demonstrates that the Veteran's left hand carpal tunnel began during service and continues to the present. Accordingly, service connection is warranted and the claim is granted. 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. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Daniel Ballinger, Associate Counsel