Citation Nr: 21067079
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 16-46 413
DATE: November 3, 2021

REMANDED

Entitlement to a compensable initial rating for right hand thumb degenerative joint disease (DJD), status post fracture, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from August 1982 to November 1982, with additional National Guard service. 

Procedurally, he withdrew his hearing request in an October 2021 written statement.  See 38 C.F.R. § 20.704(d).

The Veteran most recently underwent VA hand examination in September 2015.  He has subsequently argued that his symptoms are worse than were evaluated at that time, including pain and limited motion.  See, e.g., November 2015 Notice of Disagreement (NOD); September 2016 VA Form 9.  Given his competent statements and the passage of time, a new examination is warranted.  Layno v. Brown, 6 Vet. App. 465, 469 (1994); Weggenmann v. Brown, 5 Vet. App. 281, 284 (1993).

The matter is REMANDED for the following action:

Schedule the Veteran for a VA examination to assess the current severity of his service-connected right thumb disability.  The claims folder must be provided to the examiner in conjunction with the examination.  All necessary tests and studies should be conducted.

The examiner should offer an assessment of all pertinent symptomatology and findings, to be reported in detail in accordance with Diagnostic Code 5228-5003, including gaps between the thumb pads and the fingers. 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Kovarovic, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.