Citation Nr: 21031537
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 18-08 227
DATE: May 24, 2021

REMANDED

Entitlement to a staged initial rating for carpal tunnel syndrome of the right upper extremity higher than 30 percent prior to October 14, 2020, and higher than 50 percent thereafter, is remanded.

Entitlement to a staged initial rating for carpal tunnel syndrome of the left upper extremity higher than 20 percent prior to October 14, 2020, and higher than 40 percent thereafter, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1965 to June 1969.

These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2013 rating decision.  These matters were by the Board in February 2015 and March 2020.  An October 2020 rating decision assigned a 50 percent rating for carpal tunnel syndrome of the right upper extremity effective October 14, 2020, and a rating of 40 percent for carpal tunnel syndrome of the left upper extremity effective October 14, 2020.  

Unfortunately, additional remand is required because evidence indicates that there are outstanding relevant medical treatment records.  A February 2016 VA treatment note indicates that the Veteran received treatment for his bilateral carpal tunnel syndrome from a private treatment provider through the Veterans' Choice program, and a March 2016 treatment record notes that the relevant records are available in VistA Imaging. Unfortunately, these records in VistA imaging are not associated with the claims file. Upon remand, the records in VistA imaging should be associated with the claims file or obtained from the private treatment provider.   

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records that are only available in VistA Imaging and associate them with the claims file, to include the records referenced in a March 2016 VA treatment note. If the records are not located, ask the Veteran to complete a VA Form 21-4142 for the private treatment provider and attempt to obtain the records directly from the private facility.  

2. The record should also be updated to include VA treatment records compiled since September 14, 2020.

(Continued on the next page)

 

3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.  If any benefit sought is not granted to the Veteran's satisfaction, send the Veteran a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

J. Komperda

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Budd, 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.