Citation Nr: 21014912 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 17-44 544 DATE: March 16, 2021 ORDER The issue of entitlement to an effective date of February 27, 2014, for an initial 10 percent disability evaluation for service-connected ganglion cyst, right wrist status post excision (also claimed as right wrist pain, weakness and tingling) is granted. REMANDED The issue of entitlement to an increased initial evaluation for service-connected ganglion cyst, right wrist status post excision (also claimed as right wrist pain, weakness and tingling) is remanded. The issue of entitlement to an initial compensable disability evaluation for service-connected scars, right wrist status post ganglion cyst excision associated with ganglion cyst, right wrist status post excision (also claimed as right wrist pain, weakness and tingling), is remanded. FINDINGS OF FACT 1. In an August 2015 rating decision, the Veteran was awarded service connection for ganglion cyst, right wrist status post excision at a noncompensable rating, effective February 27, 2014. Within a year of this rating decision, the Veteran submitted statements indicating that he experiences pain in his wrist, and the initial rating remained pending. 2. The Veteran experienced pain in his right wrist throughout the period on appeal. CONCLUSION OF LAW Beginning February 27, 2014, the criteria for an initial 10 percent evaluation for the service-connected ganglion cyst, right wrist status post excision (also claimed as right wrist pain, weakness and tingling), have been met. 38 U.S.C. §§ 1155, 5107, 5110 (2012); 38 C.F.R. §§ 3.102, 3.400, 4.59, 4.71a, Diagnostic Code 5215. (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from January 1991 to October 2000. In March 2021, the Veteran testified under oath at a videoconference hearing before the undersigned Veterans Law Judge. 1. Entitlement to an effective date of February 27, 2014, for an initial 10 percent disability evaluation for service-connected ganglion cyst, right wrist status post excision (also claimed as right wrist pain, weakness and tingling). The Veteran seeks an earlier effective date for an initial 10 percent disability evaluation award for his service-connected ganglion cyst, right wrist status post excision (also claimed as right wrist pain, weakness and tingling). The Board finds that the Veteran is entitled to an earlier effective date of February 27, 2014. The general rule regarding effective dates is that the effective date of an evaluation and award of compensation based on an original claim, a claim re-opened after final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later. 38 C.F.R. § 3.400. In an August 2015 rating decision, the Veteran was awarded service connection for ganglion cyst, right wrist status post excision at a noncompensable rating, effective February 27, 2014. Within a year of this rating decision, the Veteran submitted statements indicating that he experiences pain in his wrist. See NOD, September 2015; and VA Form 21-526EZ, June 2016. Under 38 C.F.R. § 3.156(b), such evidence is considered new and material, and is considered as having been filed in connection with his claim. Thus, the question of whether an initial compensable rating was warranted remained pending. After considering the June 2016 VA Form 21-526EZ as a new claim for an increased rating, the Veteran was examined in March 2017, and his evaluation was increased to 10 percent disabling, effective June 29, 2016. See Rating decision, November 2017. This increased evaluation was based on symptoms of painful motion. See 38 C.F.R. § 4.59. Within one year of that decision, the Veteran disagreed with the effective date of the award of 10 percent stating it should be effective from the date of grant of service connection. The Veteran ultimately perfected an appeal as to the issue of the effective date of the 10 percent disability rating. As the veteran’s original rating claim remained pending since the August 2015 rating decision, the Board finds the evaluation of the Veteran’s disability covers the entire period from the effective date of the grant of service connection or since February 27, 2014. At the March 2021 videoconference hearing, the Veteran indicated that he has experienced pain on his wrist since the removal of the ganglion cyst. A veteran is competent to report symptoms that he experiences at any time because this requires only personal knowledge as it comes to him through his senses. See Layno v. Brown, 6 Vet. App. 465, 469-70 (1995). Therefore, the Board finds that the Veteran has experienced pain throughout the period on appeal. Pursuant to 38 C.F.R. § 4.59, actually painful, unstable, or malaligned joints, due to healed injury, are entitled to at least the minimum compensable rating for the joint. Presently, the Veteran is rated under Diagnostic Code 5215, for which a 10 percent disability rating is both the minimum and the maximum compensable evaluation available. Accordingly, the Board finds that, as the Veteran has experienced pain throughout the period on appeal, he is entitled to a 10 percent disability rating for the entire period. Therefore, the Veteran is entitled to an effective date of February 27, 2014, for an initial 10 percent disability evaluation for his service-connected ganglion cyst, right wrist status post excision (also claimed as right wrist pain, weakness and tingling). The issue is granted. REASONS FOR REMAND 1. Entitlement to an increased initial evaluation for service-connected ganglion cyst, right wrist status post excision (also claimed as right wrist pain, weakness and tingling). The Board finds that remand is needed regarding the issue of entitlement to an increased initial evaluation for service-connected ganglion cyst, right wrist status post excision (also claimed as right wrist pain, weakness and tingling). In an August 2015 rating decision, the Veteran was granted service connection for, inter alia, ganglion cyst, right wrist status post excision, and assigned a noncompensable evaluation, effective February 27, 2014. In September 2015, the Veteran submitted a notice of disagreement (NOD), challenging the evaluation for “Scar right wrist w/pain” and the denial of service connection for “Inner ear condition (vertigo).” The Board notes that the issue of ganglion cyst, right wrist, was not listed. Nevertheless, while the Veteran did not list the ganglion cyst, right wrist issue, he did state the following in his remarks: In your decision letter dated 08/27/2015 it stated that there was no pain with motion noted on my exam. This is not the case and the wrist causes severe pain when ever I use it for hammering or lesser physical activities. The Board interprets these statements as a disagreement with the initial evaluation for his service-connected ganglion cyst, right wrist. As noted above, the 10 percent disability rating is now effective from the date of the grant of service connection. However, whether a rating in excess of 10 percent is warranted is yet to be adjudicated. Accordingly, the Board remands the issue to the attention of the Agency of Original Jurisdiction (AOJ) for issuance of a Statement of the Case (SOC). See Manlicon v. West, 12 Vet. App. 238 (1999). 2. Entitlement to an initial compensable disability evaluation for service-connected scars, right wrist status post ganglion cyst excision associated with ganglion cyst, right wrist status post excision (also claimed as right wrist pain, weakness and tingling). Finally, the Board finds that remand is needed for a new VA examination in order to determine the current severity of the service-connected scars. The Veteran’s last VA examination for this disability was in April 2017. It has been almost four years since that examination, and in order to adequately evaluate the Veteran’s disability, the Board finds that a new VA examination is needed. Accordingly, the issue is remanded. The matters are REMANDED for the following action: 1. Furnish an SOC as to the issue of entitlement to an increased initial evaluation for service-connected ganglion cyst, right wrist status post excision (also claimed as right wrist pain, weakness and tingling). Only if the Veteran perfects an appeal should this issue be certified to the Board following completion of any necessary development. 2. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any VA and/or private treatment records, pertaining to the issues on appeal. All efforts should be documented in the claim file. If any records could not be obtained, this should be noted in the claim file. 3. Upon completion of the above development, schedule the Veteran for a VA examination in order to determine the current severity of his service-connected scars, right wrist status post ganglion cyst excision associated with ganglion cyst, right wrist status post excision (also claimed as right wrist pain, weakness and tingling). The VA examiner should be given access to the claim file. The examiner should state that a review of the claim file was completed. The examiner must provide a comprehensive report including complete rationales for all opinions and conclusions reached, citing the objective medical findings leading to the conclusions. A detailed rationale is requested for all opinions provided. 4. If upon completion of the above action the issues are denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Foster, 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.