Citation Nr: 21042811
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 15-43 397
DATE: July 13, 2021

REMANDED

Entitlement to a disability rating in excess of 30 percent for a right wrist fracture with traumatic arthritis (right wrist disability), exclusive of temporary total ratings, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1970 to June 1973, to include service in the Republic of Vietnam.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2014 rating decision by a Department of Veterans Affairs (VA) regional office, which is the agency of original jurisdiction.  This matter was remanded by the Board in August 2018, June 2020, and March 2021.

While further delay is regrettable, the Board finds remand is again necessary.  In that regard, the Board's March 2021 remanded directed that a VA opinion be obtained addressing whether the Veteran's non-service-connected carpal tunnel syndrome is a manifestation of his service-connected right wrist disability.  A VA examination was obtained in April 2021, but the examiner did not provide the requested opinion.  Instead, the examiner noted only that carpal tunnel syndrome contributes to the Veteran's wrist disability.  Because the requested opinion was not provided, remand is again necessary so that an additional opinion may be obtained.

Updated VA treatment records, as well as any relevant private treatment records identified by the Veteran, should also be obtained and associated with the record.  

The matter is REMANDED for the following actions:

1. Ask the Veteran to identify all outstanding treatment records relevant to his right wrist claim.  All identified VA records should be added to the claims file.  All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran.  If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records.

2. After records development is completed, the claims file should be sent to an appropriate examiner to offer an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's service-connected right wrist disability manifests in carpal tunnel syndrome.

The need for an examination is left to the discretion of the examiner.  However, if the examiner opines that the Veteran's service-connected right wrist disability manifests in carpal tunnel syndrome, schedule the Veteran for a VA examination to determine the current nature and severity of his carpal tunnel syndrome. 

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A rationale for all opinions offered is requested as adjudicators are precluded from making any medical findings.

 

 

J. B. FREEMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. D. Bruce, 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.