Citation Nr: 21009017
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 17-49 232
DATE: February 18, 2021

REMANDED

Entitlement to service connection for residuals of frostbite on right fingers is remanded.

Entitlement to service connection for residuals of frostbite on left fingers is remanded.

Entitlement to service connection for a low back disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1954 to November 1957.  

These matters come before the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judge at a January 2021 virtual hearing.  A transcript of the hearing has been associated with the electronic claims file.

The Veteran has asserted that he suffered frostbite of the fingers in service as well as injuring his low back twice in service.  The Veteran is competent to report these injuries, and the Board finds him credible.

In light of competent evidence of in-service injuries, VA examinations addressing frostbite and a low back injury are necessary.

The RO should obtain any additional treatment records from the VA Boston Healthcare System from January 2019 to the present.

The matters are REMANDED for the following action:

1. Ask the Veteran to identify all treatment for residuals of frostbite and a low back disability, and obtain any identified records.

Obtain the Veteran’s VA treatment records from the VA Boston Healthcare System for the period from January 2019 to the present.

2. After the development in 1 is completed, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any residuals of in-service cold injury.  The examiner should consider the Veteran’s statements that he had a cold injury while serving in Maine as credible, despite the lack of documentation.  

For any current disability in either hand, the examiner must opine whether it is at least as likely as not that the disability is related to an in-service injury, event, or disease, including in-service cold exposure while serving in Maine.

3. After the development in 1 is completed, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any residuals of in-service low back injuries.  The examiner should consider the Veteran’s statements that he had two low back injuries as credible, despite the lack of documentation.  

For any current low back disability, the examiner must opine whether it is at least as likely as not that the disability is related to an in-service injury, event, or disease, including two in-service low back injuries.

4. Thereafter, the RO must readjudicate the issues on appeal.  If any benefit is not granted, the Veteran must be furnished with a supplemental statement of the case, with a copy to his representative, and afforded an opportunity to respond before the file is returned to the Board for further appellate consideration. 

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Cherry, 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.