Citation Nr: 22057748
Decision Date: 10/13/22	Archive Date: 10/13/22

DOCKET NO. 16-52 715
DATE: October 13, 2022

REMANDED

Entitlement to service connection for right upper extremity carpal tunnel syndrome (CTS) is remanded.

REASONS FOR REMAND

The Veteran had active-duty service from February 1986 to February 1989 and from February 1993 to August 1993.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

In December 2021, the Board most recently remanded the above issue on appeal.  There has not been substantial compliance with the Board remand instructions. See Stegall v. West, 11Vet. App.268, 271 (1998) (Board remand confers a right on a claimant to compliance with the remand order)

Entitlement to service connection for right upper extremity CTS is remanded.

In a December 2021 Board remand, the Board directed the AOJ to provide the Veteran with an examination and accompanying opinion. Specifically, the examiner was asked to opine whether the Veteran's right upper extremity CTS was aggravated by his service-connected conditions. To that end, an examiner provided opinions in June 2022. However, the examiner provided conflicting opinions and when asked in a July 2022 addendum request to clarify, the examiner stated, "sorry but I don't have my notes and do not remember this case."

Accordingly, a remand is required for a clarifying opinion. 

The matters are REMANDED for the following action:

Provide the Veteran with an addendum opinion from an examiner other than the June 2022 examiner. The examiner is requested to review all pertinent records associated with the claims file, including the Veteran's service treatment records, post-service medical records and lay statements.

Based on review of the record and examination of the Veteran, the examiner should provide an opinion with detailed rationale that responds to the following:

whether it is at least as likely as not that the Veteran right upper extremity carpal tunnel syndrome was aggravated by a service-connected disability, to include his back disability. The opinion must address whether the disability increased in severity beyond its natural progression (i.e., was aggravated).  If aggravation is found, please identify to the extent possible the baseline 

 

level of disability prior to the aggravation. 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. A. Elliott II, 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.