Citation Nr: 21026593 Decision Date: 05/03/21 Archive Date: 05/03/21 DOCKET NO. 17-04 824 DATE: May 3, 2021 ORDER Entitlement to service connection for a ring finger disorder to the right hand is granted. FINDING OF FACT The Veteran's right ring finger disability is etiologically related to service. CONCLUSION OF LAW The criteria for entitlement to service connection for ring finger disorder to the right hand have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1969 to August 1974. He appeals a June 2014 rating decision denying entitlement to service connection for a right-hand ring finger disability. The Veteran was again denied entitlement to service connection for a right-hand ring finger disability in a January 2019 Board decision. He appealed the denied claim to the Court of Appeals for Veterans Claims (Court). In an August 2020 decision, the Court vacated the January 2019 Board decision and remanded the claim for further development and adjudication. However, the Board finds that further development is unnecessary as a grant of service connection is warranted for the Veteran's right ring finger disability. Service Connection Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. §§ 3.303(a), 3.304, 3.307, 3.309, 3.310. Generally, the evidence must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995). 1. Entitlement to service connection for ring finger, right hand. The Veteran contends that his right-hand ring finger disability is attributable to injury sustained while on active service. After a review of the evidence, the Board finds that service connection is warranted. A review of the Veteran's service treatment record reveals treatment for injury to the Veteran's right hand in service. Specifically, he suffered a deep laceration to the palm of his right hand. At his March 2014 VA examination, the examiner noted that the Veteran had pain and limited range of motion in his right ring finger which impacted his grip strength. As to continuity of symptomatology, the Veteran asserts that his right-hand injury was not properly treated in service and he has suffered with residual pain and numbness ever since. Although he is not a medical professional, the Veteran is competent to describe his ongoing symptoms, such as pain and numbness, and his statements are credible in this regard. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). Thus, the Board finds that continuity of symptomatology since service has been established based on the Veteran's credible statements. As to nexus, the March 2014 VA examiner opined that the Veteran's right ring finger disability was less likely than not related to service. However, the Board finds the March 2014 VA examiner's opinion is not in accordance with the facts. At his initial VA examination in February 2012, the examiner opined that the Veteran's right-hand disability was more likely than not related to service. However, the examiner noted that all fingers except the ring finger were affected. As a result, the Veteran was awarded entitlement to service connection for limitation of motion of each finger on the right hand except for his ring finger. At the Veteran's March 2014 VA examination, the examiner confirmed that the Veteran did in fact have a right ring finger disability. However, the examiner reasoned that the Veteran's right ring finger disability was not related to service because there was no evidence of functional limitation to the Veteran's right hand in his service treatment records. Such a conclusion is clearly inaccurate as the Veteran had already been awarded service connection for his right hand based on functional limitation. As such, the Board affords no probative weight to the nexus opinion provided by the March 2014 VA examiner. See Reonal v. Brown, 5 Vet. App. 458, 461 (1993) ("An opinion based upon an inaccurate factual premise has no probative value.") In combination, the February 2012 and March 2014 VA examinations show that the Veteran has a currently diagnosed right ring finger disability that is attributable to injury sustained during active service. Accordingly, service connection is warranted, and the claim is granted. 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. B.T. KNOPE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Daniel Ballinger, Associate Counsel