Citation Nr: A21020004
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 191030-41801
DATE: December 15, 2021

REMANDED

Entitlement to service connection for idiopathic peripheral neuropathy, right arm is remanded.

Entitlement to service connection for right shoulder impingement syndrome is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1988 to April 1989. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

In a January 2019 rating decision, VA denied service connection for the issues on appeal.  The Veteran filed a Notice of Disagreement in January 2019.  The Agency of Original Jurisdiction (AOJ) provided a Statement of the Case in October 2019. In October 2019, the Veteran submitted VA Form 10182, Notice of Disagreement (NOD), opting into the Appeals Modernization Act appeal process and electing Direct Review. 

In June 2020, the Board of Veterans' Appeals (Board) issued a decision that, in pertinent part, denied entitlement to service connection for idiopathic peripheral neuropathy, right arm and service connection for right shoulder impingement syndrome. The Veteran appealed the denial to the Court of Appeals for Veterans Claim (CAVC).  In a September 2021 Order, pursuant to a Joint Motion for Partial Remand (JMPR) filed by the parties, the Court vacated and remanded the June 2020 decision for compliance with the instructions in the JMPR.  A September 2021 letter advised the Veteran and his representative that he had 90 days to submit additional argument; the Veteran waived his right to provide additional argument in November 2021 correspondence.

1. Entitlement to service connection for idiopathic peripheral neuropathy, right arm is remanded

2. Entitlement to service connection for right shoulder impingement syndrome is remanded 

Remand is warranted, as the parties to the JMPR noted that VA failed to satisfy       its duty to assist in obtaining outstanding private treatment records between October 31, 2017 and October 3, 2018 from the Veteran's chiropractor. 

The matters are REMANDED for the following action:

Request private treatment records from chiropractor A. Gudenschwager for treatment between October 31, 2017 and October 3, 2018.  

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Asare, 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.