Citation Nr: 21077114
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 19-28 895
DATE: December 28, 2021

REMANDED

Entitlement to service connection for a right elbow disorder is remanded.

Entitlement to service connection for a left elbow disorder is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from June 1968 to June 1972, with additional periods of Reservist duty.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

1. Entitlement to service connection for a right elbow disorder is remanded.

2. Entitlement to service connection for a left elbow disorder is remanded.

The Veteran contends that service connection is warranted for a bilateral elbow disorder.  Here, the Veteran has stated that he believed that both of his elbows were damaged while he was in the service as a result of doing push-ups, pull-ups, and other repetitive motions.  He also reported that he has suffered for years due to these issues, which resulted in elbow surgeries.  See October 2018 NOD.  Additionally, in a September 2019 VA Form 9 (Substantive Appeal), the Veteran stated that due to his duties associated with being a field artillery officer, he was constantly using his elbows in a repetitive motion and believes that it resulted in his elbow disorder.  The Veteran also stated that he was under the treatment of a neurologist. 

As an initial matter, the Board notes that the Veteran has been diagnosed with bilateral elbow tendinitis and bilateral elbow chronic lateral epicondylitis, for which he underwent surgical repair in June 2018. 

In November 2018, a private physician, Dr I.D. opined that the Veteran's bilateral elbow tendinitis was most likely a result of his military activities for over 22 years. No further rationale was provided.

To date, the Veteran has not been afforded a VA examination in connection with his claimed elbow disorder.  As such, a remand is warranted to determine the nature and etiology of the Veteran's elbow disorder(s). 

The matters are REMANDED for the following action:

1. Obtain and associate with the Veteran's electronic record all VA treatment records.

2. With any needed assistance from the Veteran, including securing from him a VA Form 21-4142 (Authorization and Consent to Release Information to VA) for each identified provider, obtain all records of the Veteran's treatment for the issues being remanded herein.

If any of the records requested are unavailable, clearly	 document the claims file to that effect and notify the Veteran of any inability to obtain these records, in accordance with 38 C.F.R. § 3.159(e).

3. Then, schedule the Veteran for a VA examination with an appropriate physician to determine the nature and etiology of his bilateral elbow disability.  The Veteran's claims file and a copy of this remand must be reviewed by the examiner.  

For any diagnosed left and/or right elbow disorder, is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran's bilateral left and/or right elbow disability was incurred in or caused by service?

In providing the above opinion, the examiner must consider and discuss all pertinent evidence in the claims file, to include the Veteran's lay statements.  Here, the examiner must consider the Veteran's MOS as a Field Artillery Officer and his statements regarding his duties associated with this MOS and his post-service symptomatology.  The examiner is advised that the Veteran is competent to report observable symptomatology. 

 

 

K. R. Laffitte

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Hanson, Tiffany

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.