Citation Nr: 21008105 Decision Date: 02/11/21 Archive Date: 02/11/21 DOCKET NO. 13-14 477 DATE: February 11, 2021 ORDER Entitlement to a rating in excess of 10 percent for residuals of a fractured left wrist with residual scar since July 26, 2018, is denied. FINDING OF FACT Since July 25, 2018, the Veteran’s left wrist has not been ankylosed at any point in the appeal period; his scar did not cover an area of at least 6 square inches; and it was not unstable nor objectively painful. CONCLUSION OF LAW Since July 25, 2018, the criteria for a rating in excess of 10 percent for residuals of a fractured left wrist with residual scar are not met. 38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§4.71, 4.118 Diagnostic Codes 5214, 5215,7801-7805. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty with the United States Navy from August 2002 to September 2003 with additional service in the United States Navy Reserve. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded this matter in December 2012 and May 2019 for additional development. It is now returned to the Board for further appellate review. The Veteran testified before a Veterans Law Judge (VLJ), who is no longer employed at the Board, at a hearing in January 2019. A transcript of the hearing is of record. In a December 2020 correspondence, VA offered the Veteran 30 days to request another hearing. The Veteran did not respond. Entitlement to a rating in excess of 10 percent since July 25, 2018 The Veteran contends the residuals of a fractured left wrist with a residual scar warrant a rating in excess of 10 percent. A review of the appellant’s service treatment records show that he is right-handed. Hence, his left wrist disorder involves his minor extremity. The Veteran's residuals of a fractured left wrist with residual scar are rated under 38 C.F.R. § 4.71A, Diagnostic Code 5215. Diagnostic Code 5215 provides for the assignment of a 10 percent disability rating with dorsiflexion less than 15 degrees or palmar flexion limited in line with forearm. A 10 percent rating is the highest schedular rating available for limitation of motion of the wrist under Diagnostic Code 5215. While Diagnostic Code 5214 provides a basis to assign a higher 20 percent rating, that Code requires, for a minor extremity, favorable ankylosis in 20 to 30 degrees of dorsiflexion. 38 C.F.R. § 4.71A, Diagnostic Code 5214. Ankylosis is defined as immobility and consolidation of a joint due to disease, injury, or surgical procedure. Shipwash v. Brown, 8 Vet. App. 218, 221 (1995); Lewis v. Derwinski, 3 Vet. App. 259 (1992). A separate 10 percent rating may be assigned for the scar, if the scar covers an area or areas of at least 6 square inches (39 sq. cm.) but less than 12 square inches (77 sq. cm.). 38 C.F.R. § 4.118, Diagnostic Code 7801. Additionally, a separate 10 percent rating may be assigned if the scar is unstable or painful. 38 C.F.R. § 4.118, Diagnostic Code 7805. VA provided the Veteran an examination in November 2019. The Board acknowledges the Veteran testified at the January 2019 hearing that he experienced additional limitation of motion during cold weather and he has metallic screws in his left wrist from an in-service surgery. However, the November 2019 examiner reported the Veteran does not experience ankylosis of his left wrist. The Veteran was able to complete initial range of motion testing and repetitive-use testing, clearly establishing he retains some range of motion in his left wrist. The Veteran’s scar covered an area less than 6 square inches and was neither unstable nor painful. Thus, a higher rating is not warranted under the applicable diagnostic codes. The Board acknowledges the holdings in Correia v. McDonald, 28 Vet. App. 158 (2016) (requiring VA joint examinations to include range of motion testing of the pertinent joint for pain, as well as any paired joint, in active motion, passive motion, and in weight-bearing and nonweight-bearing) and Sharp v. Shulkin, 29 Vet. App. 26 (2017) (requiring VA joint examiners to elicit relevant information as to flare-ups and then estimate functional loss due to flare-ups based on all the evidence of record, including lay statements, or adequately explain why an estimate cannot be provided). Although the November 2019 VA examination does not comply with the holdings in Correia and Sharp, the Board finds this is harmless error as the Veteran is currently granted the highest schedular rating available based on limitation of motion throughout the appeal period. If a musculoskeletal disability is evaluated at the highest schedular evaluation available upon limitation of motion, then a higher rating under 38 C.F.R. §§ 4.40, 4.45, and 4.59 is not warranted. See Johnston v. Brown, 10 Vet. App. 80 (1997). (Continued on the next page)   In sum, the Veteran is entitled to the highest schedular rating available for limitation of motion of the left wrist under Diagnostic Code 5215. The Board fully acknowledges he experiences painful motion, but the very fact that he retains motion in the left wrist establishes a higher rating is not warranted under Diagnostic Code 5214. Similarly, there is no evidence that his scar covers an area or areas of at least 6 square inches nor that is it unstable or painful; therefore, the Veteran is not entitled to separate ratings under Diagnostic Codes 7801 or 7805. Thus, the Veteran’s appeal for a rating in excess of 10 percent since July 25, 2018 for his service-connected left wrist disability with a residual scar must be denied. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Zachery S.C. Luce, 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.