Citation Nr: 21064274 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 16-59 075 DATE: October 19, 2021 REMANDED Entitlement to a disability rating in excess of 40 percent for amputation, ring and little fingers, with degenerative arthritis of the right hand, is remanded. REASONS FOR REMAND This matter came to the Board of Veterans' Appeals (Board) from an October 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) which granted a 40 percent disability rating for amputation, ring and little fingers, with degenerative arthritis of the right hand, effective April 21, 2015. In November 2015, the Veteran filed a notice of disagreement with the disability rating assigned. A statement of the case was issued in November 2016 and a substantive appeal was received in December 2016. The Veteran testified at a Board hearing in November 2020; the transcript is of record. The Board acknowledges that in April 2017 the Veteran claimed clear and unmistakable error (CUE) in the December 1970 rating decision which granted service connection for amputation, right and little finger, and assigned a 30 percent disability rating, effective July 28, 1970. To date, such claim has not been adjudicated by the Agency of Original Jurisdiction (AOJ), thus the Board does not have jurisdiction of this issue. Amputation, ring and little fingers, with degenerative arthritis of the right hand The Veteran asserts that he should be awarded a higher 50 percent rating for his amputation, ring and little fingers, and/or should be awarded separate 10 percent ratings for limitation of motion of the thumb, limitation of motion of the long finger, and limitation of motion of the index finger. The Veteran also asserts that he should be awarded higher ratings based on functional limitations and pain associated with his disability. 11/23/2020 Correspondence. At the Board hearing, the Veteran testified that he suffers from constant pains in his finger joints, painful stiffness, painful flareups, painful locking of his thumb and index finger, tenderness of the metacarpal joint of the third digit as transpositioned (phonetic) of the fifth digit, meaning that's --the fifth digit was placed on that amputated right ring finger and metacarpal bone --including painful motions when the fingers are extended and flexed, more so when grabbing items over a period of time. 11/23/2020 Hearing Transcript at 4. He also testified to experiencing flare-ups associated with his disability. In light of the Veteran's assertions and as the most recent examination was conducted in October 2015, the Veteran should be afforded an examination to assess the severity of his disability. The matter is REMANDED for the following action: 1. Associate updated VA treatment records for the period from October 6, 2017. 2. Schedule the Veteran for a VA orthopedic examination with a physician with appropriate expertise in order to ascertain the severity of his ring and little fingers disability. It is imperative that the Virtual folder be reviewed in conjunction with the examination. Any medically indicated special tests, including x-rays, should be accomplished, and all special test and clinical findings should be clearly reported. The examination of the right ring and little fingers should include range of motion studies, commentary as to the presence and the extent of any painful motion or functional loss due to pain. The examiner should comment on the presence of ankylosis. The examiner should comment on resulting limitation of motion of other digits or interference with overall function of the hand. The examiner should also provide an opinion concerning the impact of the Veteran's ring and little fingers disability on his ability to work, to include how the disability affects his functioning. The examiner should describe the types of limitations he would experience as a result of his ring and little fingers disability. Eric S. Leboff Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.W. Kreindler, 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.