Citation Nr: 22015290
Decision Date: 03/17/22	Archive Date: 03/17/22

DOCKET NO. 00-09 565A
DATE: March 17, 2022

REMANDED

Entitlement to service connection for the right wrist and hand as secondary to a service-connected right shoulder disability is remanded.

Entitlement to service connection for the left wrist and hand as secondary to a service-connected left shoulder disability is remanded.

Entitlement to service connection for a musculoskeletal disability, other than the elbows, wrists, arms, hands, shoulders, or cervical spine, as due to chemical exposure is remanded.

Entitlement to service connection for a genitourinary disability, other than erectile dysfunction, to include prostate cancer, as due to chemical exposure or medication prescribed for service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1960 to August 1962.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions issued in April 2000, March 2003, and October 2007 by a Department of Veterans Affairs (VA) Regional Office (RO).  In a March 2021 Order, the United States Court of Appeals for Veterans Claims (Court) vacated a March 2020 Board decision and remanded the claims to the Board for actions consistent with a January 2021 joint motion for partial remand (JMPR).  This case was most recently before the Board in October 2021 when it was remanded for additional development.  It has returned for adjudication. 

1. Entitlement to service connection for the right wrist and hand as secondary to a service-connected right shoulder disability is remanded.

2. Entitlement to service connection for the left wrist and hand as secondary to a service-connected left shoulder disability is remanded.

3. Entitlement to service connection for a musculoskeletal disability, other than the elbows, wrists, arms, hands, shoulders, or cervical spine, as due to chemical exposure is remanded.

4. Entitlement to service connection for a genitourinary disability, other than erectile dysfunction, to include prostate cancer, as due to chemical exposure or medication prescribed for service-connected disabilities is remanded.

In a February 2022 brief in support of the appeal, the Veteran's service representative provided statements that may be reasonably construed as challenging the competency of the examiner who provided addendum medical opinions in December 2021.  The Court has held that if a veteran challenges the competence of a medical examiner, VA must "satisfy its burden of persuasion as to the examiner's qualifications."  Francway v. Wilkie, 940 F.3d 1304, 1307 (Fed. Cir. 2019).  Additional development is required prior to appellate review.

The matters are REMANDED for the following action:

(Continued on the next page)

 

Appropriate VA action is required to address the Veteran's challenge as to the competence of the December 2021 VA physician to provide opinions concerning the issues on appeal.

 

 

Lindsey M. Connor

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Douglas

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.