Citation Nr: 21074611 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 14-31 362 DATE: December 15, 2021 REMANDED Entitlement to service connection for right elbow disability is remanded. Entitlement to service connection for left elbow disability is remanded. Entitlement to service connection for right wrist disability is remanded. Entitlement to service connection for left wrist disability is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1986 to October 1990. These matters initially came before the Board of Veterans' Appeals (Board) from a July 2009 rating decision. In June 2018 and August 2020, the Board remanded the issues of entitlement to service connection for bilateral elbow, bilateral wrist, bilateral knee, bilateral ankle, and bilateral foot disabilities for further development. In a February 2021 rating decision, the agency of original jurisdiction (AOJ) granted entitlement to service connection for bilateral knee strain and bilateral ankle strain, each separately rated 10 percent, all effective July 1, 2008; bilateral pes planus, rated 10 percent, effective August 1, 2008 to January 28, 2021; right foot injury, rated 10 percent, effective January 29, 2021; bilateral hallux valgus, rated non-compensable, effective August 1, 2008; and left foot pes planus, rated non-compensable, effective January 29, 2021. This constituted full grants of the benefits sought. Accordingly, the Board does not have jurisdiction over these issues, and they are no longer before the Board. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1977). Upon review of the record, the Board finds that the claims must again be remanded. The Board sincerely regrets the additional delay caused by this remand but wishes to assure the Veteran that it is necessary for a full and fair adjudication of his claims. 1. Entitlement to service connection for right elbow disability is remanded. 2. Entitlement to service connection for left elbow disability is remanded. 3. Entitlement to service connection for right wrist disability is remanded. 4. Entitlement to service connection for left wrist disability is remanded. The Board finds that new VA examinations and medical opinions are warranted for the Veteran's claims. The Veteran contends that his bilateral elbow and wrist disabilities are related to injuries sustained in repelling exercises during air assault training and boxing while in service. The Veteran underwent VA elbow and wrist examinations provided by the same examiner in January 2021. The examiner diagnosed the Veteran with bilateral elbow strain and noted a diagnosis of left wrist strain from 2018, as well as diagnosed the Veteran with right wrist strain. She opined that the Veteran's bilateral elbow and wrist disabilities were less likely than not related to service because the record was silent for any elbow or wrist condition during active duty. The examiner noted that the Veteran reported injuring his left elbow while boxing in 1995, as well as complaints of wrist pain after a workout in 2011 and lifting heavy furniture in 2014. First, the Board finds that the January 2021 examinations and opinions fail to meaningfully address the competent and credible lay statements of record regarding the onset of pain in the Veteran's bilateral elbows and wrists. The Veteran is competent to report symptoms within the realm of his personal knowledge, such as bilateral elbow and wrist pain. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007). Second, a lack of documentation in service treatment records (STRs) is not sufficient to discredit the Veteran's statement concerning the onset and history of symptoms. See Dalton v. Nicholson, 21 Vet. App. 23 (2007) (lack of contemporaneous medical records, standing alone, is not an adequate basis for a negative opinion). Accordingly, a remand for new examinations and medical opinions is warranted. Also, evidence associated with the claims file indicates that the Veteran applied for Social Security Administration (SSA) disability benefits for unspecified disability. Any outstanding records pertaining to the Veteran's claim(s) for SSA benefits may be relevant to the issues on appeal. Hence, the AOJ should attempt to obtain any such relevant records upon remand. Lastly, all outstanding VA treatment records should be secured upon remand. The matters are REMANDED for the following action: 1. Obtain the Veteran's outstanding VA treatment records. 2. Contact the SSA and request a copy of that agency's decision(s) for disability and/or supplemental security income benefits and all relevant records pertaining to the Veteran's claim(s). Document all requests for information as well as all responses in the claims file. 3. After all efforts have been exhausted to obtain and associate with the claims file any SSA records and additional treatment records, schedule the Veteran for a VA examination with an appropriate examiner to determine the nature of any current elbow disability and whether any such disability is related to service. The claims file should be made available to the examiner for review in connection with the examination. Based on review of the record and conducting an examination of the Veteran, the examiner should respond to the following: (a.) Obtain a detailed history of the Veteran's bilateral elbow disability, to include any and all symptomology. (b.) State whether it is at least as likely as not (i.e., at least a 50 percent probability) that any elbow disability experienced by the Veteran since approximately July 2008 (1) began during service; (2) manifested within one year after separation from service (in the case of any currently diagnosed arthritis); OR (3) is related to an injury or disease during service. The examiner must specifically address the Veteran's lay statements that hyperextension of hands, wrists, and elbows occurred as result of air assault training and boxing competition. If there is any medical reason to doubt the statements provided by the Veteran, the examiner should fully explain the reason. The examiner must provide the rationale for all proffered opinions. 4. After all efforts have been exhausted to obtain and associate with the claims file any SSA records and additional treatment records, schedule the Veteran for a VA examination with an appropriate examiner to determine the nature of any current wrist disability and whether any such disability is related to service. The claims file should be made available to the examiner for review in connection with the examination. Based on review of the record and conducting an examination of the Veteran, the examiner should respond to the following: (a) Obtain a detailed history of the Veteran's bilateral wrist disability, to include any and all symptomology. (b) State whether it is at least as likely as not (i.e., at least a 50 percent probability) that any wrist disability experienced by the Veteran since approximately July 2008 (1) began during service; (2) manifested within one year after separation from service (in the case of any currently diagnosed arthritis); OR (3) is related to an injury or disease during service. The examiner must specifically address the Veteran's lay statements that hyperextension of hands, wrists, and elbows occurred as result of air assault training and boxing competition. If there is any medical reason to doubt the statements provided by the Veteran, the examiner should fully explain the reason. (CONTINUED ON NEXT PAGE) The examiner must provide the rationale for all proffered opinions. Brian J. Elwood Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. L. Park, Associate 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.