Citation Nr: 21015453 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 15-46 115 DATE: March 17, 2021 REMANDED Entitlement to an evaluation in excess of 30 percent for post traumatic left ulnar neuropathy is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1978 to January 1997 and served on full-time duty with the National Guard from January 1997 to December 2004. The Veteran testified before the undersigned Veterans Law Judge during an April 2019 videoconference hearing; a transcript is of record. The Board denied the Veteran’s claim for an increased rating for the left hand disability in August 2019. The Veteran appealed that decision to the Court of Appeals for Veterans Claims (CAVC); and the Secretary and the Veteran filed a Joint Motion for Remand (JMR) which was granted by the CAVC in a July 2020 Order. The parties to the JMR determined that the Board failed to provide an adequate reasons or bases on the grounds for finding that the severity of the Veteran’s left ulnar neuropathy was moderate. The case was remanded for the Board to readjudicate the issue accordingly. It is noted that a total rating based on individual unemployability was denied in a June 2020 rating after the Board decision. There has been no disagreement recorded in the current record, but consideration of that issue may be indicated as part of the development herein as the case develops. If so appropriate consideration should be undertaken. Increased rating for post traumatic left ulnar neuropathy, status post nerve grafting with muscle atrophy. The Veteran’s left ulnar neuropathy is currently rated as 30 percent disabling under Diagnostic Code 8516. The Agency of Original Jurisdiction (AOJ) has classified the left hand as the major extremity. It appears from the record that the Veteran listed himself as right handed during service, but records reveal that other than writing, he performed most activities, including sporting events with left hand dominance. As such, the Board agrees with that characterization. The 30 percent rating currently assigned represents a finding of moderate incomplete paralysis of the ulnar nerve. A 40 percent rating would be assigned for severe incomplete paralysis of the nerve. See Diagnostic Code 8516. The most recent evidence used by the Board in 2019 was from older examinations, including one from 2015 during which the examiner found moderate incomplete paralysis of the nerve. The Veteran has testified that the impairment is worse. Moreover, since the Board decision, additional evidence has been added to the record, including private records for which there has been no waiver of RO review. As such the facts as now presented suggest that there may be records of additional treatment, and given the time since the last examination, further examination is indicated. This matter is REMANDED for the following actions: 1. Obtain, with the Veteran’s assistance as needed any records of additional treatment. This should include records of private, military, or VA treatment. His assistance in identifying any records should be requested as needed. All attempts to obtain records should be documented in the claims folder. 2. Thereafter, but whether or not records are obtained, arrange for the Veteran to undergo an appropriate VA examination of his left ulnar neuropathy. All pertinent testing should be accomplished and all clinical findings reported in detail. The claims folder should be available to the examiner and reviewed in conjunction with the examination. All functional impairments should be set out in detail. 3. Review all the evidence since the prior Board decision in readjudication of the claim, with consideration of whether the total rating issue is also before the VA. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Y. Taylor, 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.