Citation Nr: 20002902 Decision Date: 01/14/20 Archive Date: 01/13/20 DOCKET NO. 16-39 446 DATE: January 14, 2020 REMANDED Entitlement to a compensable rating for service-connected right little (5th) finger strain and ankylosis status post-surgery with scars and residual ulnar nerve paralysis, hardware, osteoarthritis (claimed as right wrist little finger), is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from July 1960 to July 1962, to include service in Vietnam. The Veteran requested a hearing before the Board of Veterans’ Appeals, which was scheduled for April 11, 2019. The Veteran failed to appear at the scheduled hearing. Records indicate that the Veteran received notification of the hearing rescheduled for December 5, 2019. See September 2019 Correspondence. Nevertheless, the Veteran failed to show for the hearing and failed to explain his absence. Therefore, the Board hearing request is considered withdrawn. See 38 C.F.R. § 20.704(d). This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C. § 7107(a)(2). Upon review of the record, the Board finds that the claim must be remanded. The Board sincerely regrets the additional delay caused by this remand but wishes to assure the Veteran that it is necessary for a full and fair adjudication of his claim. Entitlement to a compensable rating for service-connected right little (5th) finger strain is remanded. The Veteran contends he is entitled to a compensable rating for his service-connected right little finger disability. The Veteran is in receipt of a noncompensable rating for his right little finger disability rated under Diagnostic Code 5230 for limitation of motion of the ring or little finger, as well as Diagnostic Code 5003 with no evidence of involvement of two or more major joints or two or more minor joint groups. A noncompensable rating is the maximum - and only - evaluation permitted under Diagnostic Code 5230 for injury to the little finger. The Board has considered whether the Veteran would be entitled to an increased, compensable rating under other diagnostic codes. Diagnostic Code 5227 involves unfavorable or favorable ankylosis of the ring or little finger, which also has a noncompensable rating as the maximum evaluation. Since only one finger is service-connected, the remaining diagnostic codes relating to finger disabilities are inapplicable in this case. See 38 C.F.R. § 4.71a. Diagnostic Code 7804 evaluates scar, which is inapplicable to the Veteran as his scar on his right little finger is neither unstable nor painful as noted in a January 2016 VA examination. With regard to assigning a higher disability rating based on functional loss as contemplated by the Court’s holding under DeLuca v. Brown, 8 Vet. App. 202, 206-08 (1995), the Board notes the Veteran’s complaints of pain. However, the rating schedule explicitly provides a 0 percent rating only for impairment of the little finger - even if it were frozen (ankylosed). Additional compensation is not warranted under 38 C.F.R. §§ 4.40 or 4.45 or under the provisions of Deluca. Although the Board is precluded by regulation from assigning extraschedular ratings under 38 C.F.R. § 3.321(b)(1) in the first instance, the Board still must consider whether the case should be referred to the Director of Compensation Service. During the Veteran’s January 2016 VA examination, the examiner noted that the Veteran experienced severe pain with the use of his right hand, which resulted in functional loss, including the Veteran’s report of an inability to grip. The Board finds that the Veteran’s disability picture for his right little finger is not contemplated by the schedular criteria and other related factors, such as those provided by the regulation as “governing norms,” are present. As such, referral for extraschedular consideration is warranted. See 38 C.F.R. § 3.321(b); see also Thun v. Peake, 22 Vet. App. 111 (2008). The matters are REMANDED for the following action: 1. Assist the Veteran in associating with the claims folder updated treatment records. 2. Refer the Veteran’s case to VA’s Director of Compensation Service for extraschedular consideration of the Veteran’s increased rating claim for his right little (5th) finger strain, pursuant to 38 C.F.R. § 3.321(b)(1). A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. L. Park, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.