Citation Nr: 18152066
Decision Date: 11/21/18	Archive Date: 11/20/18

DOCKET NO. 13-02 574
DATE:	November 21, 2018
REMANDED 
Entitlement to service connection for traumatic injury to the hands is remanded.

REASONS FOR REMAND
The Veteran served on active duty from August 1973 to August 1975. 
This matter is before the Board of Veterans’ Appeals (Board) on appeal of a February 2012 rating decision of the Houston, Texas, Regional Office (RO) of the Department of Veterans Affairs (VA).
The Veteran appeared at a hearing before the undersigned Veterans Law Judge in July 2016. In its February 2017 decision, the Board denied the issue of service connection.  Subsequently, the Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court).  In a Memorandum Decision of May 2018, the Court set aside the issue and remanded the matter to the Board.  The issue is once again before the Board for appellate consideration.
Because the Veteran provided testimony on eleven separate issues in a June 2018 hearing before a different Veterans Law Judge, those issues will be addressed in a separate decision.
Entitlement to service connection for traumatic injury to the hands is remanded.
In light of points raised in the Memorandum Decision, further action is needed in connection with the claim on appeal.  The Court stated that Board failed to obtain VA treatment records past December 2012 and failed to assess the credibility of certain lay statements of record, and found that the January 2013 VA medical opinion failed to address the same lay statements.  
A review of the record shows that service treatment records reflect that in August 1974, the Veteran was treated for a “smashed left hand.” A June 1975 service treatment record shows that the Veteran jammed his 1st finger on his left hand.  The Veteran was afforded a VA examination in January 2013.  The VA examiner provided a normal hand diagnosis.  At the Veteran’s July 2016 Board videoconference hearing, he noted that he was a diesel mechanic while in service and that he injured his hands, which became swollen, and that he had to have them wrapped.  He noted that the pain and stiffness had gotten worse over time.  He stated that he could not carry a lot of weight and that he took medication for pain.
The Board finds that a remand is needed to fully resolve this matter.  First, ongoing medical records pertaining to the Veteran’s claimed bilateral hand disability should also be obtained.  38 U.S.C. § 5103A(c); see also Bell v. Derwinski, 2 Vet. App. 611 (1992).  Then, a new examination and opinion is required.  The VA examiner should note all medical evidence referenced in his or her opinion and include adequate consideration of the Veteran’s lay statements.  Barr v. Nicholson, 21 Vet. App. 303 (2007).
The matter is REMANDED for the following action:
1. Obtain relevant VA treatment records, dated since December 2012, regarding the Veteran’s claimed bilateral hand disability that are not already associated with the Veteran’s claims file.
2. Schedule the Veteran for a VA orthopedic examination by an appropriate professional to determine the nature and etiology of any bilateral hand disability found upon examination.  The entire claims file must be reviewed by the examiner.  All tests deemed necessary should be conducted and the results reported in detail.
The examiner is to provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that any current bilateral hand disability had its onset during, or are otherwise related to, the Veteran’s active duty service.
In rendering an opinion, the examiner must consider and specifically address the lay statements from the Veteran regarding injuries in service and identify any medical evidence used to support his or her opinion.
 
A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A-L Evans, Counsel