Citation Nr: 21076135
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 19-22 950
DATE: December 22, 2021

REMANDED

The issue of entitlement to an increased rating for a right hand disability, currently rated as 10 percent disabling for a muscle strain (injury to Muscle Group VIII), is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1962 to September 1970.  This matter is before the Board following his appeal of a February 2019 rating decision.

In November 2019, the Veteran testified at a Travel Board before the undersigned Veterans Law Judge (VLJ).  The Board previously remanded this appeal in January 2020 and November 2020.

Regrettably, the Board finds that remand is necessary, once again, as the August 2021 VA examination obtained pursuant to the prior remand failed to address whether the Veteran has nerve damage related to his right hand disability, as requested.  There was no discussion by the examiner of the numbness that the Veteran testified to having in November 2019, or a finding one way or the other as to whether the Veteran has nerve damage related to his right shell fragment wound residuals.  In this regard, the Board notes that in service at the time of surgery in May 1966 it was noted that the Veteran's radial nerve and artery were divided as a result of the January 1966 shell fragment wound.  As such, remand is once again necessary to ensure that the Veteran's complete disability picture is captured.

The matter is REMANDED for the following action:

Schedule the Veteran for a VA nerve examination to determine the current nature and severity of any nerve impairment associated with his service-connected right hand shell fragment wound residuals.  The claims file must be reviewed in conjunction with the examination. All tests deemed necessary should be conducted and the results reported.  All objective and subjective symptoms should be described in detail.

(a) The examiner should specifically indicate whether the Veteran has current nerve or neurologic impairment as a result of his in-service shell fragment wound to the right hand.    

(b) To the extent possible, the examiner must identify any symptoms (to include any numbness or paresthesias) and functional impairments due to residuals of a gunshot wound to the right hand in service, to include any pain, sensory issues, and motor issues, and discuss the effect of the disability on the Veteran's occupational functioning and activities of daily living.

 

 

S. C. Krembs

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Fagan

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.