Citation Nr: 22018734
Decision Date: 03/30/22	Archive Date: 03/30/22

DOCKET NO. 17-56 170
DATE: March 30, 2022

REMANDED

Entitlement to service connection for right elbow disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from February 1994 to August 1998.  

The claim was brought before the Board in April 2019 and was remanded for further development. 

Entitlement to Service Connection: Right Elbow

Although the Board regrets further delay, another remand is necessary to provide the Veteran every possible consideration. 

In January 2020, the Veteran attended a VA examination.  The examiner opined that the Veteran's right elbow condition is related to his active duty service.  The examiner stated that the Veteran's lateral and medial epicondylitis is related to the pain he complained of to his commanding officer while in service.  The examiner rationalized that this was documented in the buddy statement provided by his commanding officer. 

After review of the evidence of record, the Board finds the January 2020 VA opinion is inadequate to properly adjudicate the Veteran's claim.  Although the examiner provided a positive nexus opinion, the Board notes that it appears the opinion is on the Veteran's left elbow, and not the right elbow.  The examiner in the diagnosis section only noted the Veteran's left elbow diagnosis of lateral and medial epicondylitis, but provided no diagnosis for the right elbow, and the buddy statement provided by the commanding officer only discusses the Veteran's left elbow. 

Therefore, the Board finds that a remand is required in order to obtain a new opinion that addresses the etiology of the Veteran's right elbow condition. 

The matters are REMANDED for the following action:

1. Obtain and associate with the Veteran's electronic claims file any outstanding VA treatment records and private medical records relevant to the Veteran's claim.

2. Send the claims file to the examiner who provided the January 2020 opinion to determine the etiology of the Veteran's right elbow disability.  If the January 2020 examiner is not available, then the file should be sent to an appropriate examiner to provide the requested opinion.  If the examiner finds the requested opinion cannot be provided without examination, then such examination should be scheduled.  The record and a copy of this Remand must be made available to the examiner.   

Following a review of the entire record, the Veteran's competent lay statements, as well as the Veteran's report regarding the onset and progression of his current symptomatology, the examiner should opine whether it is at least as likely as not (50 percent probability or more) that the Veteran's right elbow condition is related to his active duty service, to include his statements of his physically demanding in-service positions handling weaponry, working in mountainous terrain, manually picking out mines, and participating in bunker destruction, which is shown within his military personnel records. 

In offering any opinion, the examiner must consider the full record, to include the lay statements regarding in-service incurrence, and the opinion should reflect such consideration.  A clearly stated rationale for any opinion offered should be provided and must not be based solely on the lack of any in-service records. 

If the examiner is unable to provide an opinion without resort to speculation, he or she should explain whether the inability is due to the limits of the examiner's medical knowledge, medical knowledge in general or there is evidence that, if obtained, would permit the opinion to be provided.

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Negron, 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.