Citation Nr: 21023160 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 09-28 016A DATE: April 20, 2021 REMANDED Entitlement to a rating in excess of 10 percent for residuals of right wrist fracture is remanded. Entitlement to a total rating based on individual unemployability (TDIU) on an extraschedular basis is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from January 1975 to January 1978. These matters come before the Board of Veterans’ Appeals (Board) from a January 2008 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). They were remanded by the Board in October 2017. Entitlement to a rating in excess of 10 percent for residuals of right wrist fracture is remanded. In August 2020, the Veteran was provided a VA examination for wrist conditions. During that examination, the Veteran explained that he could hardly do anything with his right hand, was told recently by his hand specialist that he may need surgery to try to relieve his symptoms, and that he could not lift anything heavy. The examination report includes findings concerning the right wrist, and the examiner explained that the Veteran was unable to utilize the right hand for functional tasks due to pain, deformity, and weakness, and was unable to complete many tasks. In a separate opinion, the examiner also indicated that the Veteran’s right hand/wrist weakness was a symptom of his service-connected residuals of a right wrist fracture. Following that August 2020 VA examination, in February 2021, the Veteran explained that he had no use of his right hand for normal activities, had carpal tunnel syndrome, dropped things, and that he fell in the bathroom after getting out of the tub. VA treatment records also show complaints of numbness and tingling in the hands. Given this, the Veteran must be provided new VA examinations, to include wrist, neurological, and hand and fingers examinations. The August 2020 VA examiner indicated right hand weakness as a symptom of the Veteran’s service-connected residuals of a right wrist fracture, but did not include the relevant findings to adequately evaluate the Veteran’s disability under the relevant rating criteria. Also, the Veteran reported recent private medical treatment. On remand, he should be again provided an opportunity to identify relevant private treatment records. Entitlement to a TDIU on an extraschedular basis is remanded. In October 2017, the Board remanded the Veteran’s case, in part, to refer the Veteran’s claim for consideration of an extraschedular rating for residuals of a right wrist fracture and entitlement to TDIU on an extraschedular basis to the Director of Compensation Service. Because the Veteran’s claim for an increased rating for residuals of a right wrist fracture is being remanded for new VA examinations, the Board also finds that the case should be returned to the Director of Compensation Service to consider this evidence in addressing whether the Veteran is entitled to an extraschedular rating for his service-connected residuals of a right wrist fracture and/or a TDIU on an extraschedular basis. The matters are REMANDED for the following action: 1. Send the Veteran a notice letter with the appropriate releases and request that he identify any relevant private treatment records or submit those records himself. 2. Schedule the Veteran for neurological, hand and fingers, and wrist VA examinations for his service-connected residuals of a right wrist fracture. The examiner must describe the manifestations of the Veteran’s disability and address whether any neurological and hand and fingers symptoms are part and parcel of the Veteran’s service-connected disability. 3. Following completion of the above, refer the case to the Director of Compensation Service for consideration of an extraschedular rating for residuals of right wrist fracture and entitlement to a TDIU on an extraschedular basis. 4. After taking any additional development deemed necessary, readjudicate the issues on appeal. If the benefits sought remain denied, issue a supplemental statement of the case and return the matters to the Board, if otherwise in order. Andrew Mack Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Seay, 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.