Citation Nr: 21068153 Decision Date: 11/09/21 Archive Date: 11/09/21 DOCKET NO. 13-02 574 DATE: November 9, 2021 REMANDED Entitlement to service connection for traumatic injury of the right hand is remanded. Entitlement to service connection for traumatic injury of the left hand is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1973 to August 1975. This matter is before the Board of Veterans' Appeals (Board) on appeal of a February 2012 rating decision of the Houston, Texas, Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran appeared at a hearing before the undersigned Veterans Law Judge in July 2016. In a February 2017 decision, the Board denied the issue of service connection for traumatic injury to the hands. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In a Memorandum Decision of May 2018, the Court set aside the issue and remanded the matter to the Board. Subsequently, in a September 2020 Board decision, the issue of entitlement to service connection for traumatic injury of the right hand was denied. In a December 2020 Board decision, the issue of entitlement to service connection for traumatic injury of the left hand was denied. The Veteran appealed the September 2020 and December 2020 Board's decisions to the Court. In a June 2021 Joint Motion for Partial Remand (JMPR), the Court vacated the issues on appeal and remanded the matter to the Board. Hence, this matter is once again before the Board for appellate consideration. In its June 2021 JMPR, the Court stated that the Board erred when it failed to ensure substantial compliance with its November 2018 and September 2020 remand directives. Specifically, the Court noted that the October 2019 and October 2020 VA examinations failed to comply with the Board's November 2018 and September 2020 remands because neither of the VA examiners considered and specifically addressed the Veteran's lay statements. The Court indicated that the Veteran had testified during a July 2016 Board hearing that his hand symptoms began during service and had continued since service as a result of his work on motors. In addition, at a January 2013 Decision Review Officer Conference, the Veteran had stated that his left and right hand disabilities started during service as a result of his performing wheel vehicle mechanic work. In both the November 2018 and September 2020 remands, the Board requested that in rendering an opinion regarding the nature and etiology of the claimed hand disabilities, the VA examiner must consider and specifically address the lay statements from the Veteran regarding injuries in service. In the June 2021 JMPR, the Court stated that the October 2019 and October 2020 VA examiners failed to specifically address the Veteran's lay statements when providing the negative nexus opinions and that neither of the VA examiners specifically addressed the July 2016 Board hearing testimony and January 2013 conference report statement. The Court determined that on remand, VA must obtain a new medical opinion that considers and specifically addresses the Veteran's lay statements when assessing whether his hand conditions are related to his service. Based on the foregoing, and to comply with the JMR, further action in connection with the underlying service connection claims is warranted. A remand for a new opinion is necessary. The matters are REMANDED for the following action: Return the Veteran's claim file to either the VA examiner who conducted the October 2019 VA hand and finger examination or who provided the October 2020 medical addendum for another addendum opinion. If an additional examination is deemed necessary, one should be scheduled. If the prior examiner(s) is not available, the file must be forwarded to another examiner to obtain the requested opinion. Based on the review of the record, the examiner is asked to specifically address the following: is it at least as likely as not (at least an approximate balance of positive and negative evidence) that the current right and left hand disabilities had their onset during, or are otherwise related to, the Veteran's active duty service. In rendering an opinion, the examiner must consider and address the lay statements from the Veteran regarding injuries in service, to specifically include statements from the July 2016 Board hearing in which the Veteran stated that his hand symptoms began during service and had continued since service as a result of his work on motors and the January 2013 conference report in which the Veteran stated that his left and right hand disabilities started during service as a result of his performing wheel vehicle mechanic work. A complete rationale must be provided for all opinions expressed and conclusions reached. A. C. MACKENZIE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Evans, A-L 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.