Citation Nr: 21065124 Decision Date: 10/25/21 Archive Date: 10/25/21 DOCKET NO. 17-37 096 DATE: October 25, 2021 REMANDED Entitlement to service connection for a right index finger disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army, from January 2001 to June 2001, and then from January 2003 to January 2005. In a June 2020 decision, the Board denied the Veteran's service connection claim for a right index finger disability. Subsequently, the Veteran appealed his service connection claim to the United States Court of Appeals for Veterans Claims (Court). In a June 2021 Joint Motion for Remand (JMR) Order, the Court vacated and remanded the June 2020 Board decision noting that the Board erred when it failed to account for the Appellant's lay statements describing sensory symptoms, in determining whether the duty to assist required a new VA examination to assess any potential nerve and/or sensory diagnoses related to the Appellant's right index finger. The matter is again before the Board for actions consistent with the Court's June 2021 JMR. Entitlement to service connection for a right index finger disability is remanded. The Board cannot make a fully informed decision regarding the Veteran's claim of entitlement to service connection for a right index finger disability, as a clarifying medical examination is warranted. The Veteran contends that he has a right index finger disability that had its onset in service when his finger was crushed by a tow bar. A November 2016 Hand and Finger examination reveals no diagnosis of a right index finger disability. However, this examination did not consider the Veteran's reports of neurological/nerve symptoms related to his right index finger. Thus, a remand is warranted to afford the Veteran new examinations, to determine the nature and etiology of any identified right index finger disability that includes, any necessary testing, and that considers the Veteran's lay statements regarding his nerve symptomatology. The matters are REMANDED for the following action: 1. Obtain all updated VA and private medical records (i.e., those not already of record) and associate them with the claims file. 2. Schedule the Veteran for VA Hand and Finger AND Peripheral Nerves examinations to determine the nature and etiology of any right index finger disability found. The claims file should be made available to the VA examiner. Based on a review of the record, examination of the Veteran (including a complete subjective history and report describing onset, course, and progression of his right index finger symptoms), and any tests or studies deemed necessary, the examiner must respond to the following: (a.) Please diagnose all right index finger disability entities found on examination or based on a review of records. All diagnostic findings (or lack thereof) must be reconciled with conflicting evidence in the record, including competent lay reports of symptoms or pathology (such as, but not limited to, those reported by the Veteran during the October 2019 Board Hearing). (b.) If the Veteran does not meet the criteria for any formal right index finger diagnosis, the examiner should nonetheless indicate whether he has right index finger symptoms or pathology (found on examination or based on a review of medical records) severe enough to cause functional impairment and, if so, identify such impairment. (c.) If the Veteran has right index finger pathology that does not warrant a formal diagnosis but does cause functional impairment, the examiner should opine as to whether such symptoms are at least as likely as not (a 50 percent probability or greater) related to his military service, to include but not limited to his right index finger being crushed by a tow bar in service. The examiner should provide a complete rationale for all opinions provided. If an opinion cannot be provided without resorting to mere speculation, the examiner(s) should identify all medical and lay evidence considered in this conclusion, fully explain why this is the case and identify what additional evidence (if any) would allow for a more definitive opinion. 3. Following completion of the foregoing, readjudicate the claim on appeal. If the claim remains denied, issue an appropriate supplemental statement of the case (SSOC), and afford the Veteran and his representative an opportunity to respond. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. M. Rogers, 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.