Citation Nr: 21030838
Decision Date: 05/27/21	Archive Date: 05/27/21

DOCKET NO. 16-22 035
DATE: May 27, 2021

REMANDED

Entitlement to a separate rating for neurological residuals of a fractured first left metacarpal, left hand, is remanded.

REASONS FOR REMAND

The Veteran had active military service from July 1950 to June 1954.

This matter comes before the Board of Veterans' Appeals (Board) from the April 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  This matter was previously before the Board in February 2021 and was remanded for further development. 

Entitlement to a separate rating for neurological residuals of a fractured first left metacarpal, left hand, is remanded.

The Veteran contends that his left thumb condition warrants a separate rating for neurological residuals.  As noted above, this matter was previously before the Board in February 2021 and remanded for the Veteran to undergo a VA neurology examination.  

In May 2021, the Veteran's representative submitted a statement arguing that the Veteran did not report for his VA examination because he did not receive adequate notice, specifically with the current pandemic conditions.  The Board notes that the file contains a letter advising the Veteran of a VA hearing loss examination, but does not contain any correspondence notifying the Veteran of his VA neurology examination. which is the issue on appeal.  Therefore, the Board finds another remand is warranted to afford the Veteran an opportunity to undergo a VA neurology examination.

As a matter of law, a remand by the Board confers upon the Veteran the right to compliance with the Board's remand order.  Stegall v. West, 11 Vet. App. 268, 270-71 (1998).  As such, in accordance with Stegall, remand for full compliance with the Board's prior remand is warranted. 

The matters are REMANDED for the following action:

1. Afford the Veteran a VA neurology examination for the purpose of determining whether he has neurological residuals of his fractured first left metacarpal.  The examiner should review all pertinent evidence of record, including treatment records dated from 2015 to 2016.  The examiner should consider the Veteran's history of tingling in and radiating pain from his left thumb. 

After conducting any necessary testing and considering as competent the Veteran's reports of lay-observable left thumb symptoms, the examiner should identify and describe the severity of any neurological residuals of the fractured first left metacarpal. 

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2. Following completion of the above, and a review of any additional evidence received, the RO should also undertake any other development it deems to be necessary, to include, if warranted, an addendum medical opinion which considers any newly received evidence.

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Mountford, 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.