MEDIAN NERVE PARALYSIS

Summary

The Veteran, an Army Veteran who served from December 1970 to September 1972, appeals the denial of service connection for right carpal tunnel syndrome and rotator cuff tendonitis. The case has a complex procedural history involving multiple remands and a prior appeal to the U.S. Court of Appeals for Veterans Claims. The Veteran was diagnosed with right shoulder tendonitis and right carpal tunnel syndrome in January 2023 VA examinations. The VA examiner opined that these conditions were associated with overuse and likely caused by the Veteran's use of a brace cane or crutch due to his service-connected lumbar spine disability with radiculopathy. The Board reviewed the evidence and found it to be approximately balanced regarding whether the carpal tunnel syndrome and tendonitis were due to the service-connected lumbar spine disability. Applying the benefit of the doubt doctrine, the Board found service connection warranted. Service connection for right carpal tunnel syndrome and rotator cuff tendonitis is granted.

Rationale

Secondary to service-connected lumbar spine disability with radiculopathy; VA examiner opined condition associated with overuse and likely caused by brace use; Board found evidence approximately balanced and resolved doubt in Veteran's favor

Full Decision Text

Citation Nr: 25013549
Decision Date: 10/31/25	Archive Date: 10/31/25

DOCKET NO. 16-24 529A
DATE: October 31, 2025

ORDER

Service connection for right carpal tunnel syndrome and rotator cuff tendonitis is granted.

FINDING OF FACT

Right carpal tunnel syndrome and rotator cuff tendonitis are due to service-connected lumbar myositis with radiculopathy.

CONCLUSION OF LAW

The criteria for service connection for right carpal tunnel syndrome and rotator cuff tendonitis have been met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the U.S. Army from December 1970 to September 1972.

This matter comes before the Board of Veterans' Appeals (Board) from a February 2014 rating decision.  The Veteran testified at a Board hearing in June 2019.  In September 2019, the matter was remanded for additional development.  In September 2020, the Board denied the claim.  The Veteran appealed that denial to the U.S. Court of Appeals for Veterans Claims (Court).  Pursuant to an August 2021 Joint Motion for Remand (JMR), the Court remanded the matter back to the Board for further adjudication.  The Board then remanded it for additional development in December 2021 and November 2022.

Service Connection

Service connection may be granted on a secondary basis for a disability that is due to or aggravated by a service-connected disease or injury.  Establishing service connection on a secondary basis requires sufficient evidence to show that (1) a current disability exists and (2) the current disability was either (a) caused by or (2) aggravated by a service-connected disability.  Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc); see also Spicer v. McDonough, 61 F.4th 1360 (Fed. Cir. 2023) (invalidating the requirement of "proximate cause" and instead holding "but for" causation or aggravation is enough to show entitlement to secondary service connection).

A finding of secondary service connection requires competent medical evidence to connect the asserted secondary disability to the service-connected disability.  Wallin v. West, 11 Vet. App. 509, 512 (1998); Velez v. West, 10 Vet. App. 432 (1997).

The Veteran was diagnosed with right shoulder tendonitis and right carpal tunnel syndrome in January 2023 VA examinations.  The VA examiner stated that carpal tunnel syndrome and tendonitis were conditions associated with overuse.  Because of his service-connected lumbar spine disability with radiculopathy, the Veteran used a brace cane or brace crutch to assist with walking.  The examiner stated that the Veteran's use of this device was the likely cause of his conditions.  

Upon review of the record, the Board finds the evidence to at least be approximately balanced as to whether carpal tunnel syndrome and tendonitis are due to the service-connected lumbar spine disability.  Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Patel, Shamil

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.