Citation Nr: 22051233 Decision Date: 09/08/22 Archive Date: 09/08/22 DOCKET NO. 14-09 417 DATE: September 8, 2022 REMANDED Entitlement to service connection for a left hand condition is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1972 to May 1978. These matters come before the Board of Veterans' Appeals (Board) on appeal from a May 2011 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). The Board previously denied the Veteran's claim in a May 2021 decision. The Veteran then appealed to the United States Court of Appeals for Veteran's Claims (Court), and in May 2022 the Court partially vacated the May 2021 Board decision, granted a joint motion for partial remand, and returned the case to the Board for action consistent with the joint motion for partial remand. Left Hand When VA undertakes to provide an examination or opinion, it must be an adequate one. See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). While the RO obtained a January 2021 VA medical opinion for the Veteran's claimed disability, the Board finds it to be inadequate. Specifically, the examiner noted "yes" to the question regarding whether the left hand degenerative or post -traumatic arthritis was documented and an impression of the left hand study in January 2021 showed "mild chronic degenerative changes;" however, the VA examiner concluded that the Veteran did not have a current left hand disability. The examiner does not explain this apparent inconsistency. Additionally, the Board notes a September 2018 private treatment record which denoted an assessment of left upper limb carpal tunnel syndrome, which was not addressed. As such, the Board finds a remand is required in order to obtain an adequate medical opinion which addresses the etiology of the Veteran's claimed left hand condition. The matters are REMANDED for the following action: Obtain a VA examination and medical opinion, from a qualified VA examiner, who has yet to proffer an opinion in this case, with sufficient expertise to comment on the etiology of the Veteran's claimed left hand disability. All pertinent evidence of record must be made available to and reviewed by the examiner, including a copy of this remand and the May 2022 joint motion for remand. Any indicated studies should be performed. Following a review of the relevant records and lay statements, the examiner should state an opinion as to the following: - Whether the Veteran has any diagnosed left hand conditions which are at least as likely as not etiologically related to his active service. For purposes of this opinion, the examiner should assume that the Veteran is a reliable historian and must not ignore the Veteran's competent reports of in-service injuries, or of symptoms experienced during active service and since. In this regard, the examiner must discuss and consider the Veteran's competent lay statements. If the Veteran's reports are discounted, the examiner should provide a reason for doing so. The Board directs the examiner's attention to the Veteran's private treatment records which diagnose left upper extremity carpal tunnel syndrome, as well as the January 2021 left hand study which diagnosed "mild chronic degenerative changes with predominant DIP involvement." The examiner must comment on these treatment records. The examiner must provide a complete rationale for all proffered opinions. If the examiner is unable to provide any required opinion, he or she should explain why. If an examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so. If the inability to provide a more definitive opinion is the result of a need for additional information, the examiners should identify the additional information that is needed. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Gresham 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.