Citation Nr: 21061331
Decision Date: 10/01/21	Archive Date: 10/01/21

DOCKET NO. 13-06 548
DATE: October 1, 2021

REMANDED

Service connection for a bilateral hand disorder, to include residuals of frostbite.

 

REASONS FOR REMAND

The appellant served on active duty for training (ACDUTRA) from November 1982 to March 1983.

The case is on appeal from a May 2011 rating decision.

In August 2017, the appellant testified at a Board hearing.

Most recently, in June 2019, the Board denied service connection for frostbite of the hands.  The appellant appealed the decision to the United States Court of Appeals for Veterans Claims (Court).  In January 2021, the Court issued a Memorandum Decision which vacated the June 2019 Board decision and remanded the matter back to the Board.

Service connection for a bilateral hand disorder, to include residuals of frostbite.

The appellant contends that his bilateral hand disorder had its onset during service or is otherwise directly related.  As noted above, the Board denied the claim in a June 2019 decision.  In the January 2021 Memorandum Decision, the Court determined the Board erred in relying on the November 2017 VA examination report in its decision.  The Court indicated the Board should have returned the November 2017 VA opinion to the examiner for clarification as to the appellant's symptoms of bilateral hand numbness and pain and whether such symptoms are attributed to his diagnosed osteoarthritis, a degenerative joint disease.

Per the Court's January 2021 Memorandum Decision, the Board finds that a remand is necessary to obtain a VA examination and opinion to determine the nature and etiology of the appellant's bilateral hand disorders, including whether such are related to cold exposure during service.

The matters are REMANDED for the following action:

Schedule the appellant for a VA examination by an appropriate medical professional to determine the nature and etiology of any diagnosed bilateral hand disorder(s).

The examiner should identify all current bilateral hand disorder(s), including such related to osteoarthritis, residuals of frostbite, numbness and pain.

The examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the hand disorder(s) had their onset during, or are otherwise related to, service, to include exposure to extreme cold.

The examiner must address the appellant's in-service cold exposure and the lay evidence of record, including the August 2017 Board hearing testimony.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Isaacs, Brandon

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.