Citation Nr: 20026092 Decision Date: 04/15/20 Archive Date: 04/15/20 DOCKET NO. 19-22 047 DATE: April 15, 2020 REMANDED Entitlement to service connection for right hand disorder, to include right hand pain, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from July 1984 to April 1990 and from December 1998 to September 2012. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) and was previously remanded by the Board in March 2019. Entitlement to service connection for right hand disorder, to include right hand pain, is remanded. The Veteran contends that his right hand disorder, to include right hand pain began during service. The U.S. Court of Appeals for the Federal Circuit recently found that the term “disability,” as used in 38 U.S.C. § 1110, “refers to the functional impairment of earning capacity, not the underlying cause of said disability,” and held that “pain alone can serve as a functional impairment and therefore qualify as a disability.” Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). The Veteran’s service treatment records reflect reported right hand pain. Post-service VA treatment records, as well as the September 2013 VA examination report, also show reported right hand pain and flare-ups. The Board finds that, in light of Saunders, an addendum opinion should be obtained to determine whether his right hand pain presents a functional impairment of earning capacity, and if so, whether that impairment is related directly to service. The matter is REMANDED for the following action: 1. With any necessary identification of sources and authorization by the Veteran, request all VA and private treatment records for the Veteran not already associated with the file. Copies of any outstanding VA and private treatment records should be added to the Veteran's electronic claims file. 2. Thereafter, send the Veteran’s claims file to an appropriate medical professional to obtain an addendum opinion regarding the nature and etiology of any diagnosed right hand disorder, to include right hand pain. The Veteran’s electronic claims file must be made accessible to the designated professional for review. A detailed rationale for any opinion expressed should be provided. Following the review of the claims file, the medical opinion provider is then requested to respond to the following: a.) Is it as least as likely as not (a 50 percent probability or greater) that the Veteran’s reported right hand pain results in a functional impairment of earning capacity, i.e., a disability for VA purposes? b.) Is it at least as likely as not (a 50 percent probability or greater) that any diagnosed right hand disability had its onset in service or is otherwise directly related to service? In rendering the requested opinion, the medical opinion provider should consider: (1) the Veteran’s service treatment records which show reported right hand pain in 2012; and (2) post-service treatment records which reflect continued reports of right hand pain and flare-ups. If the requested opinion cannot be provided without a new examination, one should be scheduled. 3. After completing all indicated development, the Agency of Original Jurisdiction should readjudicate the Veteran’s claim. If the benefit sought on appeal remains denied, the Veteran should be furnished with a supplemental statement of the case, given the opportunity to respond, and the case should thereafter be returned to the Board for further appellate review, if warranted. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Houle, 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.