Citation Nr: 21024905 Decision Date: 04/26/21 Archive Date: 04/26/21 DOCKET NO. 18-07 544 DATE: April 26, 2021 REMANDED Entitlement to service connection for a left hand injury is remanded. REASONS FOR REMAND The Veteran served on active duty September 1971 to March 1972. This appeal to the Board of Veteran's Appeals (Board) arose from a May 2015 rating decision by the Department of Veteran Affairs (VA) Regional Office (RO). In October 2020, the Veteran testified before the undersigned Veterans Law Judge in a virtual hearing. A transcript of the hearing has been associated with the claims file. The Board notes that the Veteran alleged clear and unmistakable error (CUE) regarding the December 2017 statement of the case (SOC), which stems from the same rating decision on this current appeal. Since the rating decision and SOC on appeal that the Veteran is alleging CUE is not final, there is no valid claim for CUE according to the regulations as CUE is a collateral attack on a final decision. 38 C.F.R. § 3.105(a).   Entitlement to service connection for a left hand injury is remanded. VA is obliged to provide an examination when the record contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, the record indicates that the disability or signs and symptoms of disability may be associated with active service; and the record does not contain sufficient information to make a decision on the claim. 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79, 81-83 (2006). The threshold for finding a link between current disability and service is low. Id. at 83. The Veteran asserts that he fractured his left hand during service and has a current left hand disability that was caused by the in-service fracture. The Board notes that the Veteran’s service treatment records have not been located, however, a review of military personnel files shows a Request Waiver for BPF Test and Portion of Proficiency Test dated November 1971 indicates that the Veteran was placed on a temporary profile due to a fracture left hand. Additionally, the Veteran has submitted photographs of himself wearing a cast on his left hand and wrist area. Regarding a current disability, the Board notes that a December 2015 private radiology report shows no evidence of acute fractures or dislocations. A tiny metallic foreign object was noted in the soft tissues of the distal index finger. He was also assessed with osteoarthritis of the interphalangeal joint. During the October 2020 Board hearing, the Veteran testified that he has experienced a left hand injury when he hit a wall locker. He also reported that his hand hurts and affects his grip since the incident. Here, there is evidence of a current disability affecting the left hand as shown by the December 2015 private treatment record and the Veteran’s self-reports of a limited and painful grip strength. Further, while service treatment records could not be located, military personnel records and photographs of the Veteran show that he sustained a left hand injury during active service. The Veteran has also testified having left hand issues since separation from service. Thus, under the "low threshold" standard of McLendon, an examination to determine if there is a nexus between the Veteran's claimed left hand injury and his service is warranted. This matter is REMANDED for the following action: Provide the Veteran with an appropriate examination to determine the etiology of his left hand disability. The entire claims file must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. The examiner must provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that the left hand disability had onset in, or is otherwise related to, active military service. The examiner must specifically address the Veteran’s assertions of an in-service left hand injury. The examiner must also specifically address the photographs submitted by the Veteran wearing a left hand cast and military personnel records showing he was placed on temporary duty for a left hand fracture. See 5/17/2016 Photographs; 2/27/2018 Military Personnel Records, at 1. A comprehensive rationale for all opinions is to be provided. All pertinent evidence, including both lay and medical, should be considered. If an opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner (does not have the knowledge or training). Paul Sorisio Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Dworkin, 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.