Citation Nr: 21020917
Decision Date: 04/08/21	Archive Date: 04/08/21

DOCKET NO. 09-15 451
DATE: April 8, 2021

REMANDED

Entitlement to service connection for a right-hand disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1975 to September 1977.

In November 2019, the Board denied entitlement to service connection for right hand arthritis disability. In November 2020, an Order of the United States Court of Appeals for Veterans Claims (CAVC or the Court) vacated that Board decision pursuant to a Joint Motion for Remand (JMR). The JMR states the Board erred when it relied on an inadequate VA medical opinion. Specifically, the Board relied on a December 2017 VA examiner’s opinion that the Veteran’s degenerative joint disease of the right hand is not related to his service. In that regard, the examiner addressed the contention that the Veteran’s right hand degenerative joint disease was related to an in-service trauma but concluded that this condition was not related to service, because the Veteran had degenerative joint disease in both hands. The examiner did not address the fact that the Veteran has been granted service connection for a degenerative joint disease of the left hand. The examiner went on to say that there was not enough evidence to link the Veteran’s current degenerative joint disease to a traumatic event in service and that this condition was likely related to aging. The examiner did not explain how he concluded that the degenerative joint disease was related to the Veteran’s age and not to any in-service event. The JMR states vacatur and remand were warranted because the examiner did not consider the entire record and adequately support his conclusion.

The matters are REMANDED for the following action:

Obtain a VA opinion regarding the Veteran’s right-hand disability. An additional examination is discretionary. The examiner is asked whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s current right hand disability, to include arthritis, is caused by or otherwise due to active duty, to include his credible report of being exposed to cold weather as well as injuring his hand when he jammed a finger in a gate. The examiner should provide full rationale for all opinions expressed. If the examiner determines degenerative joint disease is due to age, the examiner should explain how this conclusion was made. The examiner should not rely on the Veteran having arthritis in both hands to support a finding that a right hand disability is less likely (less than 50 percent) due to service.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	P. Yoffe, 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.