Citation Nr: 21003927
Decision Date: 01/25/21	Archive Date: 01/25/21

DOCKET NO. 14-36 052
DATE: January 25, 2021

REMANDED

Entitlement to a higher initial disability rating for favorable ankylosis of the distal phalanx amputation to the right index and long fingers is remanded.

REASONS FOR REMAND

The Veteran had active service from January 2001 to March 2013. Prior to separation from service, he submitted a claim for service connection for several disabilities, including amputations and other injuries sustained with the explosion of an improvised explosive device (IED). In a July 2013 rating decision, a Department of Veterans Affairs (VA) Regional Office (RO) granted service connection for several disabilities, including partial amputations of the right index finger and right long finger. The RO assigned a 20 percent disability rating for the right index finger amputation and a 10 percent rating for the right long finger amputation. The Veteran appealed those ratings to the Board of Veterans’ Appeals (Board).

In July 2018 the Veteran had a Travel Board hearing before the undersigned Veterans Law Judge. In September 2018 the Board remanded the case to the RO for a new VA examination to clarify the amputation location and residual impairment for each finger. The RO provided a new examination and obtained additional opinion.

In a November 2020 rating decision, the RO concluded that there was clear and unmistakable error in VA’s initial evaluation of the injuries to the right index finger and right long finger. The RO found that the amputations were distal amputations, and thus should have been evaluated as comparable to favorable ankylosis, with one 20 percent rating assigned to address both fingers. The RO informed the Veteran that he could request a personal hearing regarding the matter. In December 2020 the Veteran wrote requesting a personal hearing.

The matters are REMANDED for the following action:

Schedule for the Veteran a hearing regarding the assigned disability rating for amputations of his right index and right long fingers.

 

 

K. PARAKKAL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Kunz, Kirsten

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.