Wrist & hand decisions — 2003

The Board has determined that the veteran's left wrist scar is a residual disability of a volar ganglion mass surgically excised during active duty service in May 1979, and thus grants service connection for this condition.

The veteran's service-connected right hand carpal tunnel syndrome is currently rated as 30 percent disabling, and the Board finds that a higher rating is not warranted.

The Board denied the veteran's claim for an initial disability evaluation in excess of 10 percent for residuals of left arm and wrist injury, finding that the evidence did not meet the criteria for a higher rating based on limitation of motion or any other factor.

The veteran's claim for service connection for bilateral carpal tunnel syndrome is granted. The other issues of timeliness of appeals and service connection are addressed in the remand portion of this decision.

The Board has ordered further development due to the need for additional evidence and clarification. The case is now remanded for additional development at the RO level.

The Board has reopened the claim of service connection for residuals of a right wrist injury and found that new and material evidence had been received. The veteran's brothers provided testimony indicating he sustained a right wrist injury in service, which is considered significant enough to reopen the claim.

The Board has granted increased disability ratings of 30 percent for the veteran's service-connected right and left carpal tunnel syndromes, as these conditions are rated on a schedular basis.

The Board has granted service connection for a surgical scar of the left wrist, residual of a fracture and assigned a noncompensable evaluation. The veteran is seeking an initial compensable evaluation.

The veteran's request for a hearing before the Board has not been scheduled, and this matter is being remanded to allow the veteran to schedule such a hearing.

The Board found no evidence of a chronic right elbow or left wrist disability incurred in service, and denied the veteran's claims for service connection as secondary to his service-connected residuals of a laceration injury to Muscle Group VIII of the right (major) upper extremity with ulnar nerve palsy.

The Board denied the veteran's claims for initial compensable evaluation for right carpal tunnel repair and increased ratings for major depression. The veteran's service-connected conditions were evaluated based on their direct impact without any presumption or secondary linkage.

The Board denied the veteran's claims for service connection for migraine headaches, rheumatoid arthritis of multiple joints including the back, neck, and bilateral knees, bilateral carpal tunnel syndrome, and peripheral neuropathy. The decision found that there was no clear and unmistakable evidence to rebut the presumption of soundness at entry into service, but also found that the veteran's conditions did not pre-exist service or were aggravated by service.

The Board granted service connection for Major Depressive Disorder effective March 4, 1999 and assigned a 50% disability rating. The veteran's claim for an earlier effective date was denied. Increased ratings were granted for Major Depressive Disorder from March 4, 1999 to February 5, 2001 and beginning on February 6, 2001. A compensable rating was assigned for internal derangement of the left knee from June 14, 1991 to February 28, 1994. The veteran's claim for a higher rating for internal derangement of the left knee beginning March 1, 1994 was denied. A compensable rating was assigned for left wrist disorder from November 29, 1990 to November 12, 2002. The veteran's claim for a higher rating for right hip disorder beginning November 13, 2002 was granted.

The Board has granted service connection for carpal tunnel syndrome, deciding the case on the merits without invoking any presumption or other special theory of service connection.

The Board dismissed the appeal due to the appellant's withdrawal of his claims.

The Board has ordered further development due to pending requests for additional evidence. The case will be returned to the RO for completion of requested development and consideration.

The Board denied the veteran's claims for service connection for a respiratory disorder, left wrist/forearm disability, warts of the right hand, and dental condition. The veteran's pre-existing conditions were not found to be aggravated by service.

The Board has granted service connection for the veteran's left ankle disability, finding that it is related to his active duty service. The right carpal tunnel syndrome issue remains pending and will be addressed by the RO.

The veteran's right wrist disability, characterized by a fracture and loose bodies at the triangular fibrocartilage region, is currently rated as 10 percent disabling. The Board concurs with this rating.

The Board found that the veteran does not have a left wrist, left hip, right knee, or right ankle disability related to his service. The claims for higher evaluations of his service-connected chondromalacia of the left knee and duodenal ulcer with hiatal hernia were also denied.