Citation Nr: 20003598
Decision Date: 01/16/20	Archive Date: 01/15/20

DOCKET NO. 19-20 032
DATE: January 16, 2020

REMANDED

Entitlement to service connection for right thumb arthritis is remanded.

REASONS FOR REMAND

The Veteran had active military service from October 1962 to October 1966.  This issue is on appeal from a July 2015 rating decision.

1. Entitlement to service connection for right thumb arthritis is remanded.

The Board cannot make a fully-informed decision on the issue because no VA examiner has opined whether the Veteran’s currently diagnosed right thumb arthritis (see VA X-ray dated in March 2015) is related to his active military service.  In a February 2019 statement, the Veteran argued that he fell in service and injured both thumbs when he braced himself for the fall.  In his August 2015 Notice of Disagreement, he stated that he injured both thumbs in 1963 and again in 1965, but only broke the left thumb.  His service treatment records (STRs) document a February 1963 injury to the right middle finger and subsequent treatment for both the middle and index fingers of the right hand in April 1963.  While the STRs do not document treatment for the right thumb, they do document a potential in-service injury.  The Veteran has not been afforded a VA medical opinion for this claim.  Upon remand, a VA medical opinion must be obtained.

 

The matters are REMANDED for the following actions:

1. Obtain a VA medical opinion from an appropriate clinician regarding whether the Veteran’s currently diagnosed right thumb arthritis is at least as likely as not related to an in-service injury, event, or disease, including the February 1963 injury to the right middle finger, the April 1963 treatment for the right middle and index fingers, and the Veteran’s lay statements regarding an in-service fall.

The examiner must also opine whether the Veteran’s current diagnosed right thumb arthritis at least as likely as not (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service.

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2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

Katherine Kiemle Buckley

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Shauna M. Watkins, 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.