Citation Nr: 21041812 Decision Date: 07/10/21 Archive Date: 07/10/21 DOCKET NO. 15-02 445 DATE: July 10, 2021 REMANDED Entitlement to service connection for arthritis of the right hand, including rheumatoid and degenerative arthritis, is remanded. REASONS FOR REMAND The Veteran had active service from November 1979 to March 1980 and from March 1986 to September 2005. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), which, in pertinent part, denied service connection for right-hand arthritis. In a May 2020 decision, the Board denied service connection for arthritis of the right hand, including rheumatoid and degenerative arthritis. The Veteran appealed this decision to the US Court of Appeals for Veterans Claims (CAVC) and the parties agreed to a Joint Motion for Partial Remand (JMR), which vacated and remanded the issue of service connection for right hand arthritis. CAVC granted the JMR in a February 2021 order. Entitlement to service connection for arthritis of the right hand, including rheumatoid and degenerative arthritis, is remanded. The Veteran has been assessed with rheumatoid arthritis and degenerative arthritis of the right hand and asserts it was incurred in service. The Veteran's service-treatment records (STRs) reveal that she was assessed with a right-hand soft tissue injury in September 1986 after dropping a steel lined tent stake crate onto her hand. In January 2001, she reported cramping in both hands and was assessed with multiple muscle spasms. She continued to report cramping in both hands in June 2001 and February 2005. Following service, she had complaints of tingling in her hands. In a March 2011 treatment record, it was noted that she had right wrist pain for several years and was assessed with osteoarthritis of the hand and rheumatoid arthritis. The Veteran submitted a statement in January 2015 and indicated that her right hand was injured in service when a pipe fell on her hand and she has been having hand problems since that injury. The Veteran underwent VA examinations in December 2011 and June 2019. The examiners concluded that her right-hand osteoarthritis and rheumatoid arthritis were not related to the September 1986 injury. However, as set forth in the JMR, the examiners failed to acknowledge or discuss her in-service complaints of cramping in both hands in 2001 and the March 2011 treatment record noting right wrist pain for several years. Accordingly, the Board finds that a new VA examination is warranted in order to determine the nature and etiology of the Veteran's rheumatoid arthritis and degenerative arthritis of the right hand. The matter is REMANDED for the following actions: 1. Obtain and associate with the claims file the Veteran's updated VA treatment records from March 2020 to the present. 2. After completion of #1, schedule the Veteran for a VA examination to determine the nature and etiology of her rheumatoid arthritis and degenerative arthritis of the right hand. The claims file, including a copy of this remand, should be reviewed by the examiner and such review should be noted in the examination report. The examiner should identify all right hand and wrist disabilities identified during the pendency of this claim (2011) and found on examination, including rheumatoid arthritis and degenerative arthritis of the right hand, and respond to the following: A. Is it at least as likely as not (probability of at least 50 percent) that the Veteran's right hand or wrist disability had its onset in and/or is otherwise etiologically related to her period(s) of active service? B. Is it at least as likely as not (probability of at least 50 percent) that the Veteran's right-hand arthritis, including degenerative and/or rheumatoid arthritis, manifested to a compensable degree within one year of discharge from active service? The examiner must provide a comprehensive rationale for each opinion provided. Specifically, the examiner should discuss her service-treatment records, including the 1986 injury and 2001 complaints, March 2011 treatment record noting right wrist pain for several hearings, and January 2015 statement indicating she has had right hand pain since her in-service injury. The examiner is advised that the Veteran is competent to report her symptoms and history, and such reports are to be considered in formulating any opinion. If any opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner does not have the knowledge or training. As appropriate, the AOJ should conduct additional development or supplement the record. Eric S. Leboff Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Merrick 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.