Citation Nr: A21020233 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 191230-58957 DATE: December 17, 2021 REMANDED Entitlement to service connection for right wrist carpal tunnel syndrome is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army National Guard from July 2007 to December 2007 and January 2010 to March 201. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision dated in November 2019 by the Department of Veteran Affairs (VA) Regional Office (RO). The Veteran timely appealed that rating decision to the Board and requested hearing lane review of the evidence considered by the Agency of Original Jurisdiction (AOJ). In a December 2019 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Hearing docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). No additional evidence was submitted following the hearing. It appears that in the November 2019 rating decision the RO denied the claim based on a lack of new and relevant evidence. However, it is observed that the original rating decision denying the claim was issued in January 2019. As a result of the Veteran filing the VA Form 10182 in December 2019, the decision was timely appealed and does not require new a relevant evidence to be considered on the merits. Entitlement to service connection for right wrist carpel tunnel syndrome in is remanded. The Veteran contends that he is entitled to service connection for right wrist carpal tunnel syndrome because the claimed disability is the result of an incident in service. More specifically, the Veteran asserts that an October 2010 explosion caused a right wrist injury that is now diagnosed as carpal tunnel syndrome. Service medical records show an October 2010 explosion that involved the Veteran. The Veteran has also submitted statements of continuity of symptomatology following the incident. An October 2019 disability benefits questionnaire noted a diagnosis of carpal tunnel syndrome in the right wrist. VA must provide the Veteran with an examination where the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but (1) contains competent evidence of diagnosed disability or symptoms of disability, (2) establishes an in-service event, injury or disease, or the presence of a presumptive disease during the pertinent period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. McLendon v. Nicholson, 20 Vet. App. 79 (2006). The Agency of Original Jurisdiction did not obtain a medical opinion prior to the November 2019 decision on appeal. Because of the nature of the claimed disability, with an event in service and a current diagnosis and evidence suggesting a relationship, a VA examination is warranted to determine the etiology of the claimed disability. The examiner should also opine as to whether or not the disability developed to a compensable degree within one year following separation from service. The Veteran was not provided a VA examination to determine the etiology of the claimed disability. That is a pre-decision error and the case should be remanded to schedule and examination. The matters are REMANDED for the following action: Schedule the Veteran for a VA examination with a medical doctor to determine the etiology of right wrist carpal tunnel syndrome. The examiner must review the claim file and should note that review in the report. The examiner should provide a rationale for all opinions provided. The examiner must take into account the lay statements from the Veteran related to symptomatology during and since service, and reported continuous symptoms in and after service, and should discuss the significance of those statements. All indicated tests should be conducted. The examiner should provide a rationale for all opinions provided. The examiner should provide the following opinions: (a.) The examiner should opine as to whether it is at least as likely as not (50 percent probability or greater) that right wrist carpal tunnel syndrome was present in service or within one year following separation from service. (b.) The examiner should opine whether it is at least as likely as not (50 percent probability or greater) that the right wrist carpal tunnel syndrome was incurred in service or is due to any incident of service. If the examiner determines that right wrist carpal tunnel syndrome is not the result of active service, but can be attributed to some other cause, the examiner should so state, taking into account the Veteran's full post-service work and medical history. (c.) The examiner should opine whether it is at least as likely as not (50 percent probability or greater) that the right wrist carpal tunnel syndrome is due to or the result of the service-connected disabilities, to specifically include a right wrist injury with dorsal subluxation of the ulna. (d.) The examiner should opine whether it is at least as likely as not (50 percent probability or greater) that the right wrist carpal tunnel syndrome has been aggravated (increased in severity beyond the natural progress of the disorder) by the service-connected disabilities, to specifically include a right wrist injury with dorsal subluxation of the ulna Harvey P. Roberts Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Cross, 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.