Citation Nr: 20003845
Decision Date: 01/15/20	Archive Date: 01/15/20

DOCKET NO. 15-12 072A
DATE: January 15, 2020

REMANDED

Entitlement to a rating greater than 10 percent for neuritis in the left fifth finger is remanded.

Entitlement to a compensable rating for residuals of fracture of the left fifth finger, to include limitation of motion, is remanded.

REASONS FOR REMAND

Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claim so that he is afforded every possible consideration.  See 38 U.S.C. § 5103A (2012); 38 C.F.R. § 3.159 (2018). 

The Veteran had active military service from February 1979 to February 1982 and from July 1983 to November 1984.

This matter comes before the Board of Veterans’ Appeals (Board) from the July 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Des Moines, Iowa.  The Veteran appeared at an April 2018 hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is associated with the record.  

This matter was previously before the Board in September 2018 and the Veteran’s claim for entitlement to increased ratings for the Veteran’s left fifth finger disabilities were denied.  The Veteran appealed this decision to the Court of Veterans Appeals (Court).  In May 2019, the Court issued a joint motion for remand.  Specifically, the Court found that the Board erred in not obtaining a new VA examination to evaluate the current severity of the Veteran’s service connected left fifth finger disabilities.  Therefore, the Board finds that a remand is warranted for the Veteran to be afforded the opportunity to undergo a VA examination.

Since the claims file is being remanded, it should be updated to include any outstanding VA treatment records.  See 38 C.F.R. § 3.159(c)(2); see also Bell v. Derwinski, 2 Vet. App. 611 (1992).

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records and associate those documents with the Veteran’s claims file. 

2. Schedule the Veteran for a VA examination to determine the current nature and severity of his service connected left finger disabilities.  The examination should include all studies, tests, and evaluations deemed necessary by the examiner.  The examiner should report all manifestations related to the service connected disability.  The examination must address both neurological and orthopedic impairment.

All opinions provided must be thoroughly explained and an adequate rationale for any conclusions reached must be provided.  If any requested opinion cannot be provided without resort to speculation, the medical professional should state and explain why an opinion cannot be provided without resort to speculation.

3.  Following completion of the above, and a review of any additional evidence received, the RO should also undertake any other development it deems to be necessary, to include, if warranted, an addendum medical opinion which considers any newly received evidence.

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Mountford, 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.