Citation Nr: 0813058 Decision Date: 04/21/08 Archive Date: 05/01/08 DOCKET NO. 05-37 296 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Baltimore, Maryland THE ISSUE Entitlement to service connection for residuals of cold injury to both hands. REPRESENTATION Appellant represented by: Maryland Department of Veterans Affairs WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD A. P. Simpson, Counsel INTRODUCTION The veteran served on active duty from July 1979 to July 1994. This case comes before the Board of Veterans' Appeals (Board) on appeal from the Baltimore, Maryland, Department of Veterans Affairs (VA) Regional Office (RO). FINDING OF FACT There is evidence in service that the veteran reported having frostbite in her finger tips in January 1993. The July 2005 VA examination report shows the examiner diagnosed cold injuries to both hands, mostly the fingers, and stated the veteran was symptomatic. The residuals of cold injuries to both hands are as likely as not related to inservice complaint of cold injuries to finger tips. CONCLUSION OF LAW With resolution of reasonable doubt in the appellant's favor, cold injury residuals to both hands were incurred in service. 38 U.S.C.A. §§ 1110, 5107 (West 2002); 38 C.F.R.§§ 3.102, 3.303 (2007). REASONS AND BASES FOR FINDINGS AND CONCLUSION As provided for by the Veterans Claims Assistance Act of 2000 (VCAA), the United States Department of Veterans Affairs (VA) has a duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5107, 5126 (West 2002 & Supp. 2007); 38 C.F.R. §§ 3.102, 3.156(a), 3.159 and 3.326(a) (2007). In this case, the Board is granting in full the benefit sought on appeal. Accordingly, assuming, without deciding, that any error was committed with respect to either the duty to notify or the duty to assist, such error was harmless and will not be further discussed. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C.A. §§ 1110, 1131 (West 2002). Service connection may be granted for any disease diagnosed after service when all the evidence establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d) (2007). To prevail on the issue of service connection, there must be medical evidence of a current disability; medical evidence, or in certain circumstances, lay evidence of in-service occurrence or aggravation of a disease or injury; and medical evidence of a nexus between an in-service injury or disease and the current disability. See Hickson v. West, 12 Vet. App. 247, 253 (1999). Service medical records show that in December 1993, the veteran reported a history of frostbite to her finger tips in January 1993. The examiner did not enter clinical findings pertaining to the veteran's finger tips. The July 2005 VA examination report shows that the veteran reported having field duties from January 1993 to March 1993, where she was exposed to extreme cold or cold weather. She described having a burning sensation in her fingers, mainly the tips, and some numbness. Following physical examination, the examiner stated that the veteran had cold injuries to "both hands[,] mainly the fingers." She stated the veteran was "slightly symptomatic," but that the symptoms were under control. Therefore, the evidence establishes the veteran complained of cold injuries to her finger tips in service and that she has current, slight symptomatology from cold injuries to both hands. The remaining issue is whether the veteran has established a nexus between the current disability and the in-service report of symptoms. The Board is aware that no medical professional diagnosed the veteran with frost bite of the finger tips in service. However, the veteran is competent to report being exposed to cold temperatures in service, which the Board finds is credible based on the fact that she reported this while in service and in close proximity to the time the injury occurred. While the VA examiner, in diagnosing the veteran with cold injury residuals to both hands, did not explicitly state that these injuries had their onset in service, it is essentially implied. The veteran, at the examination, indicated she had been exposed to cold temperatures while in service. The examiner diagnosed cold injury residuals to both hands based on the report of history by the veteran, which the Board has indicated it finds credible. Resolving all reasonable doubt in favor of the veteran, the Board finds that the evidence supports a grant of service connection for residuals of cold injury to both hands. ORDER Service connection for residuals of cold injury to both hands is granted. ________________________________________ MICHAEL D. LYON Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs