Citation Nr: 21040706
Decision Date: 07/06/21	Archive Date: 07/06/21

DOCKET NO. 17-03 049
DATE: July 6, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for left hand arthritis is remanded.

Entitlement to a rating in excess of 10 percent for right hand arthritis is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1999 to August 2010.

The Veteran testified at a virtual teleconference hearing before the undersigned Veterans Law Judge of the Board of Veterans' Appeals (Board) in April 2021.  A transcript of that hearing has been associated with the claims file.  

The TDIU claim has been raised by the Veteran's testimony during the pendency of this appeal.  Rice v. Shinseki, 22 Vet. App. 447 (2009).

1. Left Hand and Right Hand Arthritis

Since the last July 2015 Department of Veterans Affairs (VA) examination, the Veteran testified at the April 2021 Board hearing that his left hand and right hand disabilities have gotten worse since that time.  In a May 2021 statement, the Veteran's wife reported that he was unable to move his fingers closer than four inches from the thumb pad.  Therefore, it is necessary to remand these claims for a current VA examination in order to adequately determine the current severity of the Veteran's left hand arthritis and right hand arthritis and the functional effects of such disabilities.  Snuffer v. Gober, 10 Vet. App. 400 (1997); VAOPCGPREC 11-95 (April 7, 1995); see also 38 C.F.R. § 3.327.

2. TDIU

In this case, although the Veteran does not meet the preliminary schedular criteria for a TDIU under 38 C.F.R. § 4.16(a), in light of the Board's remand for a VA examination of the hands, the results may affect the outcome of the issue of entitlement to TDIU for the entire appeal period.  Accordingly, the Board will defer a decision pending further consideration by the Agency of Original Jurisdiction (AOJ).  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).

The matters are REMANDED for the following action:

1. Obtain and associate with the claims file all pertinent VA and private medical records the Veteran adequately identifies.

2. Upon receipt of any additional records, schedule the Veteran for a VA examination of his left hand arthritis and right hand arthritis.  The claims folder and a copy of this remand are to be made available to and reviewed by the examiner in connection with the examination.  

The evaluation of left hand arthritis and right hand arthritis should consist of all necessary testing.

To the extent possible, the examiner should identify any functional effects and functional impairment of the Veteran's left hand arthritis and right hand arthritis on his occupational functioning, daily life, and ordinary activities.  

It is essential the examiner provide explanatory rationale for opinions on these determinative issues, citing to specific evidence in the file supporting conclusions.  

3. Following the above VA examination, and after any additional development that may be indicated, adjudicate the issue of entitlement to TDIU.  

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Saira Spicknall, 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.