Citation Nr: 21016015
Decision Date: 03/19/21	Archive Date: 03/19/21

DOCKET NO. 18-29 173
DATE: March 19, 2021

REMANDED

Entitlement to an increased rating for right upper extremity chronic inflammatory demyelinating polyneuropathy (previously carpal tunnel syndrome), evaluated as 10 percent disabling prior to March 30, 2018, 20 percent disabling until October 27, 2018, and 40 percent disabling thereafter, is remanded.

REASONS FOR REMAND

The Veteran served from February 1986 to February 2006. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

In January 2020, the Board issued a decision that denied increased ratings for the right upper extremity chronic inflammatory demyelinating polyneuropathy (previously carpal tunnel syndrome).  The Veteran appealed the denial to the Court of Appeals for Veterans Claims (CAVC).  In a November 2020 Order, pursuant to a Joint Motion for Remand (JMR) filed by the parties, the Court vacated and remanded the January 2020 decision for compliance with the instructions in the JMR.

The Board notes there are other issues in appellate status that will be the subject of later Board decisions, as appropriate.

 

1. Increased ratings for right upper extremity chronic inflammatory demyelinating polyneuropathy (previously carpal tunnel syndrome)

The Veteran’s most recent VA examination for his peripheral nerves was conducted in October 2018.  In a June 2020 affidavit, the Veteran suggested that his condition may be worse than shown on the last examination. Accordingly, remand for a new examination is warranted. Updated treatment records should also be requested. 

The matters are REMANDED for the following action:

1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated his right upper extremity neuropathy.  After securing any necessary releases, request any relevant records identified that are not duplicates of those in the claims file. Updated   VA treatment records should also be obtained. If any requested records are unavailable or   do not exist, the claims file should be annotated to reflect such and the Veteran should be notified of such.

2.   Schedule the Veteran for a VA peripheral nerve examination to determine the current severity of     his right upper extremity chronic inflammatory demyelinating polyneuropathy. The claims file should be reviewed by the examiner. All necessary tests should be performed, and the results reported. All symptomatology associated with the right upper extremity chronic inflammatory demyelinating polyneuropathy should be reported. 

 

3. If the claim for increased rating remains denied,     issue a supplemental statement of the case. 

 

 

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.