Citation Nr: 21013371 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 14-35 316A DATE: March 9, 2021 ORDER Service connection for left carpal tunnel syndrome is granted. REMANDED The issue of service connection for a left upper extremity disorder other than carpal tunnel syndrome and left navicular bone fracture residuals with degenerative joint disease (DJD) is remanded. FINDING OF FACT Left carpal tunnel syndrome was caused by the Veteran’s service-connected left navicular bone fracture residuals with DJD. CONCLUSION OF LAW The criteria for service connection for left carpal tunnel syndrome have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.310, 3.326(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the U.S. Marine Corps from November 1965 to November 1967. Entitlement to service connection for left carpal tunnel syndrome. Service connection may be granted for current disability arising from disease or injury incurred or aggravated by active service. 38 U.S.C. § 1110. Service connection may be granted for any disease diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection shall be granted on a secondary basis under the provisions of 38 C.F.R. § 3.310 where it is demonstrated that a service-connected disorder has caused or aggravated a nonservice connected disability. See Allen v. Brown, 7 Vet. App. 439 (1995). Service connection is currently in effect for left navicular bone fracture residuals with DJD. This disorder is rated 40 percent because the Veteran has ankylosis of the left wrist. An October 2019 VA medical opinion states that left carpal tunnel syndrome was caused by service-connected left wrist ankylosis. Therefore, service connection is warranted and the appeal is granted.   REASONS FOR REMAND The issue of service connection for a left upper extremity disorder other than carpal tunnel syndrome and left navicular bone fracture residuals with DJD is remanded. The matters are REMANDED for the following action: BACKGROUND FOR THE RO ADJUDICATOR: 1. In October 2018, the Board remanded this appeal for VA examinations and medical opinions. The examiner failed to address all of the questions in the Board remand and, instead, only addressed whether pain was caused by left shoulder or elbow disorders and whether carpal tunnel was caused by left wrist ankylosis. The examiner also failed to discuss the medical articles submitted by the Veteran in April 2012. Remand is required to ensure compliance with the Board’s prior remand directives. The RO’s compliance with the Board’s remand instructions is neither optional nor discretionary. Stegall v. West, 11 Vet. App. 268 (1998). 2. Schedule the Veteran for VA examinations WITH AN EXAMINER WHO HAS NOT PREVIOUSLY PROVIDED AN OPINION IN THIS CASE to obtain an opinion as to the nature and etiology of each identified left upper extremity disorder. All indicated tests and studies should be accomplished and the findings reported in detail. All relevant medical records must be made available to the examiner for review of pertinent documents. The examination report should specifically state that such a review was conducted. The examiner must provide a comprehensive explanation for all opinions provided. The examiner should address the following: a. Whether each identified left upper extremity disorder was caused by any in-service event, injury, disease, or disorder, or in any way originated during service. b. Whether each identified left upper extremity disorder was caused by left navicular bone fracture residuals with DJD or left carpal tunnel syndrome. c. Whether each identified left upper extremity disorder was aggravated by left navicular bone fracture residuals with DJD or left carpal tunnel syndrome. d. Whether the Veteran has left upper extremity pain that causes functional impairment. In providing these opinions, the examiner MUST discuss the medical articles submitted by the Veteran in April 2012. (Continued on the next page)   3. Readjudicate the issue on appeal. If the benefit sought on appeal remains denied, the Veteran should be provided a supplemental statement of the case (SSOC). An appropriate period should be allowed for response before the case is returned to the Board. Jacqueline E. Miller Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ivan Franklin 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.