Citation Nr: 21007123 Decision Date: 02/08/21 Archive Date: 02/08/21 DOCKET NO. 19-10 899 DATE: February 8, 2021 REMANDED Entitlement to service connection for a back disability is remanded. Entitlement to service connection for carpal tunnel syndrome is remanded. REASONS FOR REMAND The Veteran served honorably on active duty with the United States Navy from May 1945 to July 1946. He is a recipient of the Asiatic Pacific Area Campaign Medal and the World War II Victory Medal. The Board notes that the Veteran was scheduled for a Board hearing in June 2020 but in written correspondence received April 2020, he cancelled his hearing request. Because he has not requested another hearing, his initial hearing request is deemed withdrawn. 38 C.F.R. § 20.702 (e). The Board further notes that an April 2020 Report of General Information documents a phone call to VA in which the Veteran expressed a desire to withdraw his appeal. In December 2020, the Board sent a letter asking the Veteran to submit his withdrawal in writing. The Veteran did not respond to the letter, so the Board will proceed with adjudicating the matters on appeal. Regrettably, the Board finds that the Veteran’s claims must be remanded for additional development. The Veteran seeks service connection for a back disability and carpal tunnel syndrome. VA and private medical treatment records indicate the Veteran has current diagnoses. Further, the Veteran submitted written statements in which he described how the disabilities had their onset during active service onboard several ships. However, to date, the Veteran has not been afforded VA examinations to determine the nature and etiology of his claimed disabilities. VA has a duty to assist the Veteran with the development of facts pertinent to the appeal. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159 (c). This duty includes providing a medical examination if such an examination is determined to be necessary to decide the claim. 38 C.F.R. § 3.159 (c) (4). See also McLendon v. Nicholson, 20 Vet. App. 79 (2006); Robinette v. Brown, 8 Vet. App. 69, 76 (1995). The United States Court of Appeals for Veterans Claims (Court) held that 38 C.F.R. § 3.159(c)(4) provides that an examination or opinion is necessary if the evidence of record: 1) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of a disability; and 2) establishes that the Veteran suffered an event, injury, or disease in service; and 3) indicates that the claimed disability or symptoms may be associated with the established event, injury, or disease in service, but 4) does not contain sufficient medical evidence for the Secretary to make a decision on the claim. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). The Court noted that the third prong of 38 C.F.R. § 3.159(c)(4) is a low threshold standard. In this case, the Board cannot make a fully informed decision on the Veteran’s claims because no VA examiner has opined as to whether the his claimed conditions are related to active service. Therefore, remand is appropriate to obtain an VA examination and opinon on both claimed disabilities. Accordingly, the matters are REMANDED for the following actions: 1. The AOJ should seek clarification from the Veteran as to whether he wishes to withdraw his appeal of the issue of entitlement to service connection for a back disability and carpal tunnel syndrome. All correspondence concerning this matter should be fully documented in the record. 2. If there is no response from the Veteran or if he indicates that he wishes to proceed with the claims, then schedule him for VA examinations to determine the nature and etiology of his claimed back disability and carpal tunnel syndrome. The examiner(s) must review the Veteran’s claims file in connection with the examination. If a diagnosis cannot be provided but the Veteran’s conditions manifest in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinion(s) below. The examiner is asked to provide an opinion as to whether the Veteran’s disabilities are at least as likely as not (50 percent probability or greater) related to active military service. In providing the requested opinions, the examiner is asked to consider the Veteran’s description of his in-service injuries and symptoms as well as his post-service symptoms. The examiner must provide a complete and thorough rationale for any opinion expressed. Tiffany Dawson Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. T. Raftery, 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.