Citation Nr: 21074344 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 10-35 578 DATE: December 15, 2021 ORDER Service connection for a neurological disability of the right upper extremity is denied. FINDING OF FACT The competent and probative evidence does not tend to show that Veteran has a current neurological disability of the right upper extremity or associated functional impairment. CONCLUSION OF LAW The criteria for service connection for a neurological disability of the right upper extremity are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from August 1999 to December 2003. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2009 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). This case was previously denied by the Board in January 2020. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). Pursuant to a May 2021 Joint Motion for Remand (JMR), the Court vacated the Board's January 2020 decision and remanded the claim for action consistent with the terms of the JMR. In August 2021, the Board remanded the claim for additional development. The case is now back before the Board. The August 2021 Board remand characterized the issue on appeal as "service connection for a neurological disability of the bilateral upper extremities and right lower extremity (also claimed as polyneuropathy), to include as a secondary to service-connected brain tumor or low back disability." Since the August 2021 Board remand, service connection has been established for left upper extremity polyneuropathy and right lower extremity radiculopathy. 10/08/2021, rating decision. Therefore, the only issue that remains on appeal is whether service connection for a neurological disability of the right upper extremity is warranted. *** As noted in the August 2021 Board remand, a June 2018 VA examiner indicated that the Veteran was asymptomatic of any numbness or decreased sensation on the day of the examination. However, VA examination reports and VA treatment reflect neurological symptoms in the upper extremities. Specifically, a February 2010 VA examination report indicates decreased sensation in the right whole right arm to the fingertips; March 2009 treatment notes indicate complaints of right side numbness and tingling to the arm; May 2019 neurology notes show he complained of left arm numbness (which he attributed to removal of a left acoustic neuroma in January 2009) and that he has cut, burned and scraped the extremity at times and was unaware of the event. The Veteran also reported that he experienced paresthesia and decreased gripping/grasping of left hand. Finally, a July 2019 VA treatment record contains a physician's observation that "the left arm in its entirety has sensory impairment." In view of these symptoms, the Board, in August 2021, remanded for a new VA examination, to clarify whether the Veteran has a neurological disability affecting the bilateral upper extremities. An October 2021 VA examination shows a diagnosis of polyneuropathy affecting only the left upper extremity. Regarding the right upper extremity, the examiner explained in an attached opinion that the Veteran denied any problem with the right upper extremity and that evaluation did not reveal any abnormalities. For example, the 2021 VA examination report shows no constant pain, intermittent pain, paresthesias and/or dysesthesias, or numbness of the right upper extremity. He also had normal strength (5/5), reflexes (2+), and sensory examination, to include negative Phalen's and Tinel's signs. As summarized above, the record shows complaints of neurological symptoms in the right upper extremity. Based on these complaints, the Board remanded for a VA examination to clarify whether the Veteran, in fact, had a neurological disability of the upper extremities. The VA examination found a neurological disability in the left upper extremity but not in the right upper extremity. Furthermore, the examination report indicates that the Veteran denied any problems with his right upper extremity and this would logically mean that the Veteran does not have functional impairment per Saunders v. Wilkie, 886 F.3d 1356, 1368 (Fed. Cir. 2018). (CONTINUED ON THE NEXT PAGE) Based on the above, the Board finds that the preponderance of the competent and probative evidence tends to weigh against a finding of a current neurological disability of the right upper extremity during the appeal period or proximate to the filing of this claim. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Therefore, service connection for a neurological disability of the right upper extremity is denied. Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P. López, 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.