Citation Nr: 22052145 Decision Date: 09/13/22 Archive Date: 09/13/22 DOCKET NO. 17-42 373 DATE: September 13, 2022 REMANDED Entitlement to service connection for a right wrist disability, to include as secondary to a service-connected disability, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1974 to November 1976. He had additional active duty from November 1978 to November 1984 that has been determined to be dishonorable for VA purposes. In November 2019 and September 2021, the Board remanded the claim for further development. In September 2021, the Board acknowledged the Veteran's contentions that his right wrist disability was caused by overuse, i.e., secondary to his service-connected left wrist disability. The Board also acknowledged the January 2021 VA examination. During the examination, the examiner opined that the Veteran's right wrist disability is less likely as not proximately due to or aggravated beyond its natural progression by the Veteran's left wrist disability. The examiner stated that a contralateral joint injury does not cause disability to the other joint. The Board found the January 2021 VA examiner's opinion to be conclusory. Additionally, the examiner did not consider whether the Veteran's right wrist disability was caused by overuse. The Board remanded the claim for an addendum opinion. The Veteran was afforded a new VA examination in December 2021. The December 2021 examiner opined that the claimed condition is less likely than not proximately due to or the result of the Veteran's service-connected condition. The examiner also opined that the Veteran's claimed condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The examiner stated that there was no chronic diagnosis of the musculoskeletal right wrist condition. However, the examiner noted that in 2015, the Veteran was treated for CTS. The examiner further stated that because there was no chronic diagnosis made, no aggravation or aggravation beyond its natural progression was plausible. In a May 2022 opinion, another examiner stated that the wrist exam from November 24, 2021, did not provide a diagnosis for a right wrist condition, which was clearly an error. The January 2015 operative report provided a diagnosis of bilateral CTS. The 2022 examiner opined that the Veteran's right wrist disability is less likely as not aggravated beyond its natural progression by his service-connected left wrist scar. The Board notes that the December 2021 examiner's stated that there was no chronic diagnosis; therefore, no aggravation or aggravation beyond its natural progression was plausible. However, the May 2022 examiner stated that there was a diagnosis but opined that the Veteran's right wrist disability is less likely as not aggravated beyond its natural progression by his service-connected left wrist scar. The Board finds both examinations to be inadequate. During the period on appeal, i.e., from October 7, 2013, to present, the Veteran has had a right wrist CTS diagnosis. The Board notes that service connection may even be warranted for a disability that resolved during the pendency of the appeal. McClain v. Nicholson, 21 Vet. App. 319, 321 (2007) (the presence of a disability at the time of filing of a claim or during its pendency warrants a finding that the current disability requirement has been met, even if the disability resolves prior to the Board's adjudication of the claim). However, the December 2021 examiner based the opinion on a lack of diagnosis, and the May 2022 examiner did not provide a rationale for the opinion. As such, remand is warranted to obtain an addendum opinion. The matter is REMANDED for the following action: 1. Obtain all outstanding VA and/or private treatment records. For any private treatment records, obtain the appropriate signed releases from the Veteran, and associate any additional records with the claims file. 2. Obtain an addendum medical opinion from an appropriate examiner to determine the nature and etiology of the Veteran's right wrist disability. Based on a review of the entire record, the examiner should respond to the following: Identify any right wrist disability that has been present during the period on appeal, i.e., from October 7, 2013. For any diagnosed disorder, determine if it is at least as likely as not (i.e., probability of 50 percent or greater) that the diagnosed disorder had its onset in service or is in any way related to the Veteran's service. If any diagnosed right wrist disability is not directly related to service, determine if any diagnosed right wrist disability is at least as likely as not (1) caused or (2) aggravated by the Veteran's service-connected left wrist disability, to include as due to overuse. (Continued on the next page) The supporting rationale for all opinions expressed must be provided. 3. Then, readjudicate the issue on appeal. If the benefit sought on appeal remains denied, furnish the Veteran and his representative a Supplemental Statement of the Case and allow them an opportunity to respond. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Moore, T. 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.