Citation Nr: 21032497
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 17-17 629
DATE: May 27, 2021

REMANDED

Entitlement to an initial disability rating in excess of 10 percent for right upper extremity ulnar neuropathy is remanded.

Entitlement to an initial compensable disability rating for left knee strain status post anterior cruciate ligament tear surgical repair is remanded.

Entitlement to an initial disability rating in excess of 20 percent for right shoulder impingement syndrome status post-surgical repair is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1995 to January 2016.

The Veteran testified during a virtual hearing before the undersigned Veterans Law Judge in April 2021. A transcript of the hearing is associated with the record. 

1. Entitlement to an initial disability rating in excess of 10 percent for right upper extremity ulnar neuropathy is remanded.

2. Entitlement to an initial compensable disability rating for left knee strain status post anterior cruciate ligament tear surgical repair is remanded.

The evidence reflects that the Veteran's service-connected right upper extremity ulnar neuropathy and left knee condition may have worsened since these conditions were last examined by VA in January 2016. The Board notes that the Veteran reported worsening of these conditions during his April 2021 Board hearing. With regard to the right upper extremity ulnar neuropathy, the Veteran has reported increasing weakness in his right arm. VA treatment records from October 2020 note that EMG testing indicated progressive right ulnar neuropathy at the cubital tunnel. The Board finds that a VA examination should be afforded to determine the current severity of this condition. See Green v. Derwinski, 1 Vet. App. 121, 124 (1991). 

With regard to the Veteran's left knee disability, review of VA treatment records in June 2019 indicate that the Veteran occasionally feels that his left knee is going to "give out" on him while going down steps. The Board finds that a VA examination should be afforded to determine the current severity of this condition. See id. 

3. Entitlement to an initial disability rating in excess of 20 percent for right shoulder impingement syndrome status post-surgical repair is remanded.

VA treatment records and a 2020 VA shoulder examination have been associated with the claims file since the issuance of the March 2017 Statement of the Case. This evidence has not been considered by the AOJ. This additional, relevant evidence is VA-generated and not subject to the provisions for waiver that apply to evidence submitted by the Veteran or his representative. 38 C.F.R. § 20.1305. As such, another SSOC must be provided. 38 C.F.R. § 19.37 (b); 38 C.F.R. § 20.904.

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination to determine the current severity of his service-connected right upper extremity ulnar neuropathy. The claims file must be made available to the examiner. 

Any indicated diagnostic tests and studies must be accomplished. All pertinent symptomatology and findings should be reported.

The examiner should specifically discuss the Veteran's reports of upper extremity weakness and his October 2020 EMG test. 

2. Schedule the Veteran for a VA examination to determine the current severity of his service-connected left knee disability. The claims file must be made available to the examiner. Any indicated diagnostic tests and studies must be accomplished. All pertinent symptomatology and findings should be reported.

The examiner should specifically discuss the Veteran's reported sensation of "giving way" of the left knee, while using stairs. 

3. Schedule the Veteran for a VA examination to determine the current severity of his service-connected right shoulder disability. The claims file must be made available to the examiner. Any indicated diagnostic tests and studies must be accomplished. All pertinent symptomatology and findings should be reported.

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P.M. Johnson, 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.