Citation Nr: 21008812 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 12-24 196 DATE: February 18, 2021 REMANDED Entitlement to an initial rating higher than 10 percent for right middle finger disability, to include extraschedular consideration and entitlement to special monthly compensation (SMC), is remanded. Entitlement to an initial rating higher than 10 percent for right ring finger disability, to include extraschedular consideration and entitlement to SMC, is remanded. Entitlement to an initial rating higher than 10 percent for right index finger disability, to include extraschedular consideration and entitlement to SMC, is remanded. Entitlement to an initial rating higher than 10 percent for right thumb disability, to include extraschedular consideration and entitlement to SMC, is remanded. Entitlement to an initial compensable rating for right little finger disability, to include extraschedular consideration and entitlement to SMC, is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1963 to March 1966. Unfortunately, despite attempting to avoid an additional remand, the Board has no choice but to remand the case for extraschedular consideration as well as adjudication of whether SMC is warranted. As will be discussed in detail below, these issues were raised by the record and previously remanded by the Board; however, despite multiple attempts to have the RO adjudicate the issues and obtain an opinion for extraschedular consideration, such has not been completed. Procedural History In June 2009, VA received the Veteran’s original claim for compensation for right hand, right middle finger, right ring finger, and arthritis in other fingers. In a July 2010 rating decision, the RO granted service connection for right middle finger disability and assigned a 10 percent rating and service connection for right ring finger and assigned a noncompensable rating. The decision further denied service connection for arthritis of the 1st, 2nd, and 5th digits. The Veteran timely appealed the decision in September 2010, a statement of the case (SOC) was issued in August 2012, and the Veteran timely perfected his appeal later that month. A supplemental statement of the case (SSOC) was issued in May 2017. In August 2017, the Veteran testified in a videoconference hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript is of record and has been reviewed. In March 2018, the Board denied entitlement to an initial rating higher than 10 percent for right middle finger disability and an initial compensable rating for right ring finger disability. The Board remanded the issues of entitlement to service connection for arthritis of the 1st, 2nd, and 5th digits as well as entitlement to extraschedular rating for right middle and ring fingers disability. Specifically, the Board requested a referral for extraschedular consideration pursuant to 38 C.F.R. § 3.321(b). In a July 2019 rating decision, the RO granted service connection for right hand arthritis and assigned a noncompensable rating. The Veteran timely appealed the Board’s March 2018 decision to the United States Court of Appeals for Veterans Claims (Court), and by a September 2019 Order, the Court granted an August 2019 Joint Motion for Remand (JMR), which found that the Board erred in denying the initial rating claims prior to obtaining a VA examination because such was discussed and agreed upon during the Board hearing. Although not discussed in the JMR, the Veteran’s attorney also argued that the Board should have considered whether SMC was warranted and that the initial rating claims were intertwined with the service connection for arthritis of the 1st, 2nd, and 5th digits that were remanded. In December 2019, the Board remanded the initial rating for right middle and ring fingers claims for a new VA examination per the JMR. A SSOC for the initial rating claims was issued in April 2020 and the appeal was returned to the Board. For reasons unclear to the Board, in May 2020, the issue of entitlement to service connection for arthritis of the 1st, 2nd, and 5th digits and the issues of extraschedular consideration were added to the initial rating appeal stream despite not adjudicating or completing the Board’s remand directives regarding extraschedular consideration. In a June 2020 VA Memorandum, it was recommended that extraschedular rating will be granted. In the interim, the Board reached out to the RO multiple times to request that the extraschedular issues will be referred to the Director for an opinion and that the RO will adjudicate all issues in a SSOC. In an August 2020 VA Memorandum, the director concluded that the issues were intertwined, and only after the RO will adjudicate the issue, an extraschedular consideration will be feasible. In a September 2020 rating decision, the RO granted service connection for right index and right thumb disabilities and assigned a 10 percent rating each. On the same day as the rating decision was written, the RO issued a SSOC for initial rating higher that 10 percent for right middle, ring, index fingers and right thumb, as well as initial compensable rating for right little finger. In addition, on the same day, a deferred rating indicated that only after the issuance of SSOC and expiration of the time to respond, a memorandum for extraschedular consideration could be prepared. Given the Veteran’s attorney’s argument for entitlement to SMC as well as extraschedular consideration, the Board is unable to adjudicate the initial rating claims prior to having this information of record. As such, the Board remands the claims for the RO to complete the extraschedular development and adjudicate entitlement to SMC. The matters are REMANDED for the following action: 1. Associate with the claims file all outstanding VA treatment records. (Continued on the next page)   2. Refer the claims to the Director of Compensation Service for extraschedular consideration under 38 C.F.R. § 3.321(b), specifically addressing the Veteran’s hearing testimony regarding mental anguish and embarrassment for the visible inability to use his right hand. 3. Thereafter, conduct any other development deemed necessary and readjudicate the remanded claims, to include entitlement to extraschedular rating and SMC. S. B. MAYS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Yaffe, 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.