Citation Nr: 22010645 Decision Date: 02/24/22 Archive Date: 02/24/22 DOCKET NO. 16-58 459A DATE: February 24, 2022 REMANDED Entitlement to service connection for right knee degenerative joint disease is remanded. Entitlement to service connection for left knee degenerative joint disease is remanded. Entitlement to service connection for allergic rhinitis is remanded. Entitlement to service connection for bilateral epicondylitis (also claimed as tennis elbow and pulled muscles in elbow) is remanded. Entitlement to service connection for carpal tunnel syndrome of the right wrist is remanded. Entitlement to service connection for carpal tunnel syndrome of the left wrist is remanded. Entitlement to service connection for cubital tunnel syndrome of the right wrist is remanded. Entitlement to service connection for cubital tunnel syndrome of the left wrist is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1982 to April 1983 and from December 1990 to May 1991, with service in the Air National Guard of Florida. In November 2020, the Veteran testified at a videoconference Board hearing before a Veterans Law Judge that is no longer with the Board. A transcript of the hearing is of record. In December 2021, the Veteran was notified that he was entitled to another hearing before the undersigned Veterans Law Judge. In a January 2022 correspondence, the Veteran stated he does not want another hearing. With respect to the Veteran's claims on appeal, the Board notes that further development is warranted. Clarification Letter With respect to the Veteran's claims for service connection for right and left knee degenerative joint disease, the Board requests that on remand, the Agency of Original Jurisdiction (AOJ) send out a clarification letter addressing whether the January 2014 rating decision, which grants service connection for these claims, was ever mailed to the Veteran. At the onset, the Board notes that with respect the Veteran's claims for service connection for right and left knee degenerative joint disease, the Veteran contends that service connection for these claims were initially granted in a January 2014 rating decision. See February 2018 Statement in Support of Claim. While the Board acknowledges that the claims file contains a January 2014 rating decision, in which service connection for right and left knee is addressed, there is no evidence that the January 2014 rating decision was mailed to the Veteran. Significantly, there is no notification letter on file that reflects that this rating decision was mailed to the Veteran. Furthermore, in an August 2014 rating decision, service connection for these claims were denied. Also, in August 2014, a notification letter was mailed to the Veteran informing him of the denial and his rights to appeal. Thus, based on the record, it is unclear whether VA mailed the January 2014 rating decision. As such, on remand, the Board is requesting a clarifying letter from the AOJ indicating whether the Veteran was mailed notification of the January 2014 rating decision. If so, the AOJ should update the record with the notification letter. If the January 2014 rating decision was not mailed to the Veteran, provide a letter addressing why the January 2014 rating decision was not mailed to the Veteran. Verification of ACDUTRA and INACDUTRA Service Dates With respect to the Veteran's claims for entitlement to service connection for allergic rhinitis bilateral epicondylitis, right and left knee degenerative joint disease, bilateral carpel tunnel syndrome, and bilateral cubital tunnel syndrome, further developmental is required. Specifically, with respect to the Veteran's service in the Air National Guard of Florida, a remand is warranted to verify the Veteran's periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) to determine whether entitlement to service connection is warranted for these claims. Here, the Veteran's military personnel records reflect that the Veteran served in the Air National Guard of Florida from April 1989 to March 2013. Furthermore, the record contains medical treatment records for complaints and/or diagnoses related to allergic rhinitis bilateral epicondylitis, right and left knee degenerative joint disease, bilateral carpel tunnel syndrome, and bilateral cubital tunnel syndrome during the Veteran's time with the Air National Guard. However, the periods of the Veteran's ACDUTRA and INACTDURA during his time with the Air National Guard have not been verified. Given such, the Veteran's duty status during the treatment of these disabilities may impact his entitlement to service connection for these claims. Thus, the Board finds that, on remand the AOJ should contact the appropriate Federal records repository and obtain a list of all of the Veteran's ACDUTRA and INACDUTRA service dates during his time with Air National Guard. If it is verified that the Veteran was on ACDUTRA at the time of his diagnoses or if there is any evidence of an injury during a period of INACDUTRA, then the Board requests VA medical opinions to ascertain whether such in-service diagnoses and/or injuries are related to the Veteran's current diagnoses. See McClendon v. Nicholson, 20 Vet. App. 79 (2006). Medical Opinion Furthermore, with respect to the Veteran's allergic rhinitis, the Veteran contends that his allergies also started during his service in Saudi Arabia during Operation Desert Shield/Storm due to environmental exposures and exposure to diesel fuel and other chemicals. In this respect, the Veteran's military personnel records confirm that the Veteran served during Operation Desert Shield/Storm in Saudi Arabia during his active service from December 11, 1990 to May 6, 1991. The medical records also reflect a history of exposure to a lot of diesel fuel. As such, the Board finds that a medical opinion is warranted to ascertain whether the Veteran's environmental exposures and exposures to diesel fuel and other chemicals during his service in Operation Desert Shield/Storm is related to his allergic rhinitis. The matters are REMANDED for the following action: 1. Clarification letter: Please clarify whether the January 2014 rating decision was mailed to the Veteran. IF the January 2014 rating decision was mailed to the Veteran, please update the record with the associated notice letter, as well as send a clarification/notice letter to the Veteran reflecting such, and associate the letter with the claims file. If the January 2014 rating decision WAS NOT mailed to the Veteran, please also provide a clarification letter indicating why the January 2014 rating decision was not mailed to the Veteran. 2. Verification of Service Dates: Take all appropriate steps to obtain a detailed listing of all of the dates that the Veteran was on active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) in the Air National Guard between April 22, 1989 and March 19, 2013. A copy of any request(s) sent to the appropriate Federal records repository, and any reply, should be associated with the claims file. Make as many attempts as possible to obtain this information and stop only if further attempts are futile. 3. Medical Opinions (ACDUTRA): If and only if the record evidence shows that any of the Veteran's current disabilities resulted from "an injury or disease incurred in or aggravated during the line of duty during ACDUTRA, request medical opinions from a qualified medical examiner that addresses the following: Whether the Veteran's allergic rhinitis bilateral epicondylitis, right and left knee degenerative joint disease, bilateral carpel tunnel syndrome, and/or bilateral cubital tunnel syndrome is at least as likely as not resulted from "an injury or disease incurred in or aggravated during the line of duty during ACDUTRA. 4. Medical Opinions (INACDUTRA): If and only if the record evidence shows that any of the Veteran's current disabilities resulted from an injury incurred in or aggravated during the line of duty during INACDUTRA, request medical opinions from a qualified medical examiner that addresses the following: Whether the Veteran's allergic rhinitis bilateral epicondylitis, right and left knee degenerative joint disease, bilateral carpel tunnel syndrome, and/or bilateral cubital tunnel syndrome is at least as likely as not resulted from an injury incurred in or aggravated during the line of duty during INACDUTRA. 5. Medical Opinion (Desert Storm): With respect to the Veteran's claim for allergic rhinitis, request a medical opinion from a qualified medical opinion that addresses the following: Whether the Veteran's allergic rhinitis is at least as likely as not related to the Veteran's active-duty service during Operation Desert Shield/Storm in Saudi Arabia, to include environmental hazards and exposure to diesel fuel and other chemicals. The Veteran's military records confirm service from December 11, 1990 to May 6, 1991 in Saudi Arabia during Operation Desert Shield/Storm. Any opinion expressed by the VA examiner must "contain not only clear conclusions with supporting data, but also a reasoned medical explanation connecting the two. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 301 (2008). YVETTE R. WHITE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Abdelbary, 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.