Citation Nr: 21075996
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 16-24 529A
DATE: December 22, 2021

REMANDED

Entitlement to service connection for a right upper extremity disorder, to include as secondary to service-connected cervical strain is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from December 1970 to September 1972.

This matter was before the Board of Veterans' Appeals (Board) in September 2020, at which time the claim was denied. The Veteran appealed the Board decision to the Court of Appeals for Veterans' Claims (Court), which, pursuant to a Joint Motion for Remand (JMR), vacated the Board decision and has remanded the matter to the Board.

1. Service connection for a right upper extremity disorder.

Remand is necessary in order to afford the Veteran an adequate VA examination. The examiner with whom the Veteran met in February 2020 predicated his opinion on an inaccurate factual premise, specifically that the record did not reflect treatment for right upper extremity symptoms for over four decades following separation, when in fact the Veteran sought treatment for right upper extremity pain at least twice, once in August 1982, and again in August 1986.

On remand, a new VA examination must be conducted, and an expert medical opinion as to etiology obtained. 

The matters are REMANDED for the following action:

1. After obtaining the necessary authorization, update the claims file with any relevant outstanding VA and/or private treatment records. 

2. Then, schedule the Veteran for a VA examination to explore the presence and etiology of any disorders affecting the right upper extremity. All indicated tests and studies should be conducted and all clinical findings reported in detail. The entire claims file should be made available to and be reviewed by the examiner in conjunction with this request.  

All current diagnoses affecting the right upper extremity should be enumerated. The examiner is requested to state whether, on an at least as likely as not basis, any diagnosed condition had its onset in active-duty service or is etiologically related to active-duty service.

If no diagnosed condition is found to be directly related to service, the examiner should state whether, on an at least as likely as not basis, any diagnosed condition has been caused or aggravated by any service-connected disability, including disability of the cervical spine.

All opinions expressed must be supported by thorough rationale. 

3. Then, re-adjudicate the claim. 

 

 

GAYLE STROMMEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Z. Sahraie, 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.