Citation Nr: 1324303	
Decision Date: 07/31/13    Archive Date: 08/07/13

DOCKET NO.  10-00 798	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina


THE ISSUE

Entitlement to service connection for residuals of a laceration to the right index finger.


WITNESS AT HEARING ON APPEAL

The Veteran

ATTORNEY FOR THE BOARD

S. Coyle, Counsel









INTRODUCTION

The Veteran served on active duty from September 1969 to September 1971. 

This matter is before the Board of Veterans' Appeals (Board) on appeal of a rating decision in February 2009 of a Department of Veterans Affairs (VA) Regional Office (RO).

In July 2012, the Veteran appeared at a hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is in the record. 

The appeal is REMANDED to the RO via the Appeals Management Center in Washington, DC.  


REMAND

In July 2012 at his hearing, the Veteran identified additional VA records and presented evidence as to a current right index finger disability that was not considered, when the Veteran was last examined by VA.  As the record is insufficient to decide the claim, further development under the duty to assist is needed. 

Accordingly, the case is REMANDED for the following action:

1.  Obtain VA records since October 2009. 

2.  Afford the Veteran a VA examination, by an examiner who has not previously examined the Veteran, to determine:  



a).  Whether the Veteran has a current disability affecting the right index finger to include scars, limitation of motion, or neurological abnormality, and, if so, 

b).  Whether it is more likely than not (probability greater than 50 percent), at least as likely as not (probability of 50 percent), or less likely than not (probability less than 50 percent), that the current disability is related to the documented right index finger laceration in service?   

The Veteran's file must be provided to the VA examiner for review. 

3.  After the above development, adjudicate the claim of service connection.  If the benefit sought is denied, issue a supplemental statement of the case and return the case to the Board.  

The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

The claim must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board or by the United States Court of Appeals for Veterans Claims (Court) for additional development or other appropriate action must be handled in an expeditious manner.  38 U.S.C.A. §§ 5109B, 7112.



_________________________________________________
George E. Guido Jr.
Veterans Law Judge, Board of Veterans' Appeals



Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board is appealable to the Court.  This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal.  38 C.F.R. § 20.1100(b) (2012).