Citation Nr: 21030238
Decision Date: 05/18/21	Archive Date: 05/18/21

DOCKET NO. 09-41 385
DATE: May 18, 2021

REMANDED

Entitlement to service connection for a right wrist condition is remanded.

Entitlement to service connection for a right elbow condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1976 to November 1977.  This matter comes before the Board of Veterans' Appeals (Board) from a September 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In January 2014, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  A transcript of that hearing is of record.

The case was last before the Board in August 2018 and has returned to the Board for further appellate review.

1. Entitlement to service connection for a right wrist condition is remanded.

2. Entitlement to service connection for a right elbow condition is remanded.

While further delay is regrettable, the Board finds that additional development is needed prior to adjudicating the issues on appeal.

In its August 2017 remand, the Board asked for a VA examiner to provide an opinion as to whether it is at least as likely as not the Veteran's right wrist condition is related to the Veteran's military service.  In October 2018, a VA examiner opined that the Veteran's right wrist condition was less likely than not incurred in or caused by his military service.  However, in providing his opinion, the examiner failed to address March 1, 2006, March 24, 2006, and December 10, 2007 VA treatment records indicating that the Veteran's right cubital syndrome and ulnar neuropathy were secondary to trauma and a fracture that occurred during his military service.  Remand is necessary in order to obtain an addendum opinion.

Further, the Board asked for the Veteran's VA Vocational Rehabilitation Records   to be associated with the claims folder.  While a request was made, the deferred rating decision address the results of the request was unable to be viewed, and the supplemental statement of the case did not indicate review of those records or whether no records were available. On remand, the RO should indicate whether the records were reviewed or notify the Veteran that no records are available.

The matters are REMANDED for the following action:

1. Obtain and associate the Veteran's VA Vocational Rehabilitation Records with the electronic claims file. If the requested records are not available, notation of such should be made in the claims folder and the Veteran notified accordingly.

2. After the above is completed to the extent possible, send the claims file to a VA examiner to obtain an addendum opinion regarding the Veteran's right wrist condition.  If an examination is deemed necessary, one should be scheduled.  Following review of the claims file, the examiner should state whether the March 1, 2006, March 24, 2006, and December 10, 2007 VA treatment records indicating that the Veteran's right cubital syndrome and ulnar neuropathy were secondary to trauma and a fracture that occurred during his military service change the negative opinion provided in the November 18, 2018 VA examination. The examiner should explain the reasons for the conclusions reached.

3. If the claims remain denied, issue a supplemental statement of the case, as appropriate.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Lance, 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.