Citation Nr: 21074674
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 18-07 129
DATE: December 16, 2021

REMANDED

Entitlement to a disability rating in excess of 10 percent for service-connected neurological residuals of a right-hand index finger nondisplaced oblique fracture radial head (right-hand neurological condition) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1997 to February 2000 in the United States Army.

This matter was previously before the Board in a June 2020.  The Board granted separate service connection for the right-hand neurological residuals and assigned a 10 percent disability rating.  The Veteran timely appealed this rating to the Court of Appeals for Veterans' Claims (CAVC).  CAVC granted a Joint Motion for Remand (JMR) vacating the Board's June 2020 decision with respect to the neurological issue only remanded for further development. 

Entitlement to a disability rating in excess of 10 percent for service-connected neurological residuals of a right-hand index finger nondisplaced oblique fracture radial head.

In the JMR the parties agreed that the Board did not adequately explain the severity of the Veteran's right-hand neurological condition and he asserts that the disability is worse than currently rated.  Reviewing the available evidence, the Board notes that the Veteran has not undergone any neurological examination and the severity of the his right-hand neurological disability, to date, is entirely based on the functional impact noted on the Veteran's most recent musculoskeletal finger/hand examination.  The Board finds that this evidence is insufficient to determine the current severity of the neurological condition as there were no specific neruological findings.  As such, the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his right-hand neurological disability.

The matters are REMANDED for the following action:

Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected neurological residuals of a right-hand index finger nondisplaced oblique fracture radial head.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.  

 

 

Saudiee Brown

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P.S. McLeod

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.