Citation Nr: 18159769
Decision Date: 12/20/18	Archive Date: 12/19/18

DOCKET NO. 12-20 471
DATE:	December 20, 2018
REMANDED
The issue of entitlement to an extraschedular rating for a fractured right fifth metacarpal bone, status post-surgery with a scar, is remanded. 
REASONS FOR REMAND
The Veteran served on active duty from February 2004 to February 2008.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina. 
The Veteran offered testimony at a Board hearing in front of the undersigned Veterans Law Judge in October 2015. A transcript has been associated with the claims file. 
In December 2015 and September 2016, the Board remanded this appeal for further development.
In August 2017, the Board issued a decision denying an increased, compensable rating for the fractured right fifth metacarpal bone. The Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court). By a June 2018 Order, the Court, pursuant to a Joint Motion for Partial Remand (JMPR), vacated the Board’s August 2017 decision as to the fractured right fifth finger and remanded the case for action consistent with the JMPR. 
The issue of entitlement to an extraschedular rating for a fractured right fifth metacarpal bone, status post-surgery with a scar, is remanded 
The JMPR essentially directs the Board to refer the Veteran’s claim for extraschedular consideration.  The Veteran has reported experiencing pain in his right hand due to a lump. See Notice of Disagreement dated February 4, 2011; VA Form 9 dated July 20, 2012. Additionally, the March 2017 VA examiner noted functional limitation secondary to the pain and presence of a deformity to the right hand. The January 2016 VA examiner further noted that the Veteran’s right hand condition resulted in pain with prolonged occupational tasks, specifically those requiring hand tools, as were used in his field of facilities maintenance.  
At the October 2015 Board hearing, the Veteran testified that using his right hand at work resulted in pain. See October 2015 Board Hearing Testimony p. 4-5. Additionally, in September 2018, the Veteran submitted a statement in which his co-worker described the functional limitations in the workplace due to his right hand disability. 
The matter is REMANDED for the following action







Refer the issue of entitlement to an extraschedular rating for a fractured right fifth metacarpal bone to the Director of VA’s Compensation and Pension Service for adjudication in accordance with 38 C.F.R. § 3.321 (b).
 
 MICHAEL E. KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Erin J. Trojanowski, Associate Counsel