Citation Nr: 21022884 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 17-26 932 DATE: April 19, 2021 REMANDED Entitlement to service connection for disability of the joints of the right and left upper extremities, to include arthritis, rheumatoid arthritis, and pain, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from November 1965 to November 1966. This appeal comes to the Board of Veterans’ Appeals (Board) from a February 2014rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran appealed a February 2014 rating decision and in April 2019, he testified at a videoconference hearing before the undersigned. The Board denied the claim for entitlement to service connection for rheumatoid arthritis in a July 2019 decision. In a December 2020 order, the United States Court of Appeals for Veterans Claims (Court) remanded the case to the Board for action consistent with a December 2020 Amended Joint Motion for Partial Remand (JMPR). Entitlement to service connection for disability of the joints of the right and left upper extremities, to include arthritis, rheumatoid arthritis, and pain, is remanded. The JMPR specified the Board must provide an adequate statement of reasons or bases as to the scope of the Veteran’s claim for service connection for arthritis. The Veteran filed a claim for arthritis in February 2013, which did not specify a particular area of the body. The regional office (RO) referred to the claim as one for arthritis throughout the adjudication process. The Veteran’s April 2014 notice of disagreement also referred to “arthritis.” At the time of the Board hearing, the undersigned referred to the claim as one for “arthritis of joints of the hands and shoulders.” The Veteran testified at the Board hearing, about his claim for arthritis, that it was mostly in his hands and elbows. He also stated the last diagnosis was about four or five months ago, which was for rheumatoid arthritis and that he “d[id]n’t know where the other arthritis which is-I don’t know which is which. It just hurts.” The Veteran’s representative asked him when he first started feeling the effects of rheumatoid arthritis and referred to his knuckles in his hands and stated “sometimes your feet are affected” as part of the question. In response, the Veteran testified that it was about 30 years ago, and he has always had trouble with his joints. In light of the Veteran’s testimony that he was experiencing pain in his hands and elbows, the Board finds that the Veteran’s claim for service connection for arthritis includes a claim for a disability of the joints of his right and left upper extremities. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). The Board notes that the Veteran did not mention pain in his feet and when asked at the Board hearing if the arthritis was in all of his joints he stated “no, it’s just mostly in my hands and elbows.” His representative mentioned sometimes his feet are affected as part of a question and the Veteran responded he started to feel the effects of rheumatoid arthritis 30 years ago. However, considering the current record as a whole, including the Veteran’s own statements, the claim is limited to the Veteran’s upper extremities. However, if the additional development directed below identifies a systemic form of arthritis, additional affected joints may be considered. The JMPR also specified that, on remand, the Board should provide an adequate statement of reasons and bases as to whether VA satisfied its duty to assist when it did not obtain VA treatment records from November 15, 2018 onward. It further indicated the Board erred in failing to address whether there was evidence that the Veteran’s pain caused functional impairment in earning capacity. Considering the Veteran testified that a diagnosis of rheumatoid arthritis was made four or five months prior to the hearing, remand is warranted to obtain any outstanding VA treatment records. After obtaining those records, a VA examiner should identify any current disability affecting the Veteran’s upper extremity joints. The examiner should address whether pain results in functional impairment and therefore qualifies as a disability, if warranted. The matter is REMANDED for the following actions: 1. Obtain the Veteran’s VA treatment records for the period from November 16, 2018 to the present. 2. Then, schedule the Veteran for a VA examination for the claimed disability of the joints of his right and left upper extremities, to include, pain, arthritis, and rheumatoid arthritis. If the Veteran is found to have a systemic form of arthritis, the examiner must comment on all the affected joints. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran’s condition manifests in symptoms that cause functional impairment, then the examiner should consider them a “disability” for the purpose of providing the requested opinions below. The examiner is asked to provide a response to the following: Is the Veteran’s claimed disability of the right upper extremity joints (including hand and elbow) at least as likely as not onset in or caused by service, including being “banged up so much” while in service? Is the Veteran’s claimed disability of left upper extremity joints (including hand and elbow) at least as likely as not onset in or caused by service, including being “banged up so much” while in service? If the Veteran is diagnosed with a systemic form of arthritis, is it at least as likely as not that this disease manifested during or within one year of discharge or is caused by any aspect of service? Provide rationale to support the opinions. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Vemulapalli, 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.