Citation Nr: 21023349
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 12-17 926A
DATE: April 20, 2021

REMANDED

Entitlement to service connection for residuals of right index finger injury is remanded.

REASONS FOR REMAND

The Veteran had active duty from July 1949 to September 1952 with approximately six months of additional prior active service. He is a recipient of the Korean Service Medal with 3 Bronze Combat Stars.  See Veteran’s DD form 214.  

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.

In May 2017 the Board remanded the appeal for further development.  In January 2020, the Board denied service connection for a right index finger injury. The  Veteran appealed this decision to the United States Court of Appeals for Veteran’s claims (Court). In November 2020, the Court remanded the appeal for compliance with Joint Motion for Remand (JMR). The parties to the Joint Motion found that the Board erred in finding a November 2017 VA examination adequate. 

The VA examiner had found that the Veteran’s condition was less likely than not due to his military service, as he had separated from service in 1952 and had not sought medical care until 2012. Given the decades between service without complaint or treatment, the provider wrote a negative nexus opinion.

The Court held that this is inadequate, as “it does not address the etiology of Appellant’s right index impairment.” The Court pointed to the Veteran’s and his wife’s lay statements as to the Veteran cutting his finger in service when building a bridge.  See November 2020 CAVC Decision, p. 4, see also February 2004 VA 21-4138 Statement in Support of Claim. In accordance with the Court’s order, the Veteran’s claim must be remanded for an adequate examination.  

The matter is REMANDED for the following action:

1. Obtain a supplementary medical opinion from an appropriate medical examiner regarding the nature and etiology of the Veteran’s right index finger injury. The examiner should be provided access to the Veteran’s claims file, and the examiner should indicate review of those materials in the opinion report. If deemed necessary, provide the Veteran with an in-person examination. 

2. The examiner is asked to provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that the right index finger injury is directly caused by the Veteran’s active duty military service. 

3. The examiner must consider all relevant lay and medical evidence, including lay evidence as to the Veteran having cut his finger in service.  

4. If the examiner is unable to provide any required opinion, he or she should explain why. If the examiner cannot provide an opinion without resorting to mere speculation, he or she should indicate if the inability to provide an opinion was due to the limits of the examiner’s knowledge, the limits of medical knowledge in general, or if there was additional evidence that, if obtained, would permit the opinion to be provided.

 

 

J.W. FRANCIS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	P. Abels, Associate 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.