Citation Nr: 18150005
Decision Date: 11/14/18	Archive Date: 11/14/18

DOCKET NO. 08-29 018
DATE:	November 14, 2018
REMANDED
Entitlement to a compensable rating for residuals of left thumb ligament strain injury (non-dominant) is remanded.
REASONS FOR REMAND
The Veteran had honorable active duty service from January 1981 to June 1995.
This matter comes to the Board of Veterans' Appeals (Board) on appeal from a November 2006 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented testimony at a personal hearing before a Veterans Law Judge (VLJ) in August 2015. A transcript is of record. The VLJ who conducted the August 2015 hearing is no longer employed by the Board and the Veteran declined VA’s offer to have another hearing on the matter.
The claim was remanded in November 2015 for additional development. The Board also remanded three claims for service connection that were subsequently granted in a February 2018 rating decision. As such, those claims are no longer before the Board. While the Board acknowledges that the Veteran has filed a notice of disagreement (NOD) related to the initial ratings assigned to two of those 



disabilities, this appeal is listed in the VACOLS appeals tracking system as an active appeal at the RO. While the Board is cognizant of the Court’s decision in Manlincon v. West, 12 Vet. App. 238 (1999), the Board notes that in this case, unlike in Manlincon, the RO has fully acknowledged the NOD and is in the process of adjudicating the appeal. As such, no action will be taken by the Board now and the issues presently before the RO pertaining to increased initial ratings will be the subject of a later Board decision, if ultimately necessary.
1. Entitlement to a compensable rating for residuals of left thumb ligament strain injury (non-dominant) is remanded
This claim was remanded by the Board in November 2015 to schedule the Veteran for  a VA examination.  As part of the examination, the Board instructed the examiner to address whether the Veteran’s left thumb ligament strain injury results in neurologic impairment and, if so, to describe the nerve involved and the nature and extent of any such manifestations. This was not accomplished during the April 2017 VA hand and finger conditions Disability Benefits Questionnaire (DBQ). 
The matter is REMANDED for the following action:
Schedule the Veteran for a VA nerve examination to determine whether the residuals of left thumb ligament strain injury includes neurological symptoms. The claims file should be reviewed by the examiner. All necessary tests should be performed and the results reported.  
The examiner must specifically address whether the Veteran’s left thumb ligament strain injury results
           
in neurologic impairment and, if so, to describe the   nerve involved and the nature and extent of any such manifestations.
 
K. A. BANFIELD
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	D. Van Wambeke, Counsel