Citation Nr: 20049989 Decision Date: 07/28/20 Archive Date: 07/28/20 DOCKET NO. 13-21 625A DATE: July 28, 2020 REMANDED Entitlement to a compensable rating for a left hand disability is remanded. Entitlement to a compensable rating for a right hand disability is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1954 to October 1956. This case is before the Board of Veterans’ Appeals (Board) on appeal from a June 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). A Travel Board hearing was held before the undersigned in May 2017. A transcript of the hearing has been associated with the record. In a March 2019 Decision, the Board denied claims of entitlement to compensable ratings for left and right hand disabilities on the merits. In a February 2020 Order, the Court of Appeals for Veterans Claims (the Court) vacated the March 2019 Board decision to the extent that it denied the left and right hand claims, and remanded the case to the Board for adjudication consistent with the terms of a January 2020 Joint Motion for Partial Remand (JMPR). 1. Entitlement to a compensable rating for a left hand disability is remanded. 2. Entitlement to a compensable rating for a right hand disability is remanded. In the January 2020 JMPR, the parties agreed that the Board erred in relying on a November 2017 VA medical opinion for three reasons; therefore, a new medical opinion must be obtained. First, the parties agreed that the medical opinion was not supported by a reasoned medical explanation. The November 2017 medical opinion concluded that there were no current manifestations of the abscesses on the Veteran’s hands; reasoning that there was no objective evidence that the Veteran’s current hand symptoms were related to his service-connected abscesses of the bilateral hands. On remand, the medical opinion must offer a reasoned medical explanation regarding the Veteran’s current hand symptoms and their relationship to his service-connected bilateral hand disabilities. Second, the parties agreed that the medical opinion did not consider the Veteran’s full symptomatology and lay statements during the period on appeal. Specifically, during the Veteran’s May 2017 Board hearing, he reported having 75 percent strength and a “charley horse” in his left hand once a month. During a February 2014 VA examination, the Veteran also reported that his right hand becomes numb if he is holding something for a long time and that his right and left index fingers are sometimes numb. Additionally, in a June 2011 VA examination, the Veteran reported that he has decreased dexterity and strength in both hands, that all of his fingers, except his thumb, get stiff, and that he has flare ups for hours every 2 to 3 weeks. On remand, the medical opinion must address the aforementioned statements. Third, the parties agreed that the examiner did not provide an adequate explanation as to why she was unable to say without speculation whether the Veteran’s functional ability in his hands would be limited after repetitive use. On remand, the medical opinion must adequately address the functional ability of the Veteran’s hands after repetitive use. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records of the Veteran and associate them with the claims file. 2. Schedule the Veteran for the appropriate VA examination to address the severity of his bilateral hand disability, left hand palmar abcess and right hand thenar space abcess. The examiner must review the claims file and a copy of this remand. The opinion rendered must address the following: a.) Identify all reported symptoms related to the Veteran’s left and right hand. Determine whether each symptom is a current manifestation of the Veteran’s service-connected palmar abscess of the left hand and abscess thenar space of the right hand. b.) The examiner must address the following lay statements from the Veteran: (i) The Veteran’s May 2017 Board hearing testimony, during which he reported having 75 percent strength and a “charley horse” in his left hand once a month. (ii) A February 2014 VA examination, during which the Veteran reported his right hand becoming numb if he is holding something for a long time and that his right and left index fingers are sometimes numb. (iii) A June 2011 VA examination, during which the Veteran reported that he has decreased dexterity and strength in both hands, that all of his fingers, except his thumb, get stiff, and that he has flare ups for hours every 2 to 3 weeks. c.) The examiner must address the functional ability of the Veteran’s hands after repetitive use. If the examination is not performed after repetitive use, the examiner must inquire from the Veteran or glean from other sources whether he has any functional limitations after repetitive use. If an opinion cannot be made without resort to mere speculation, this must also be fully explained. K. J. ALIBRANDO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Marsh II, 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.