Citation Nr: 22008098 Decision Date: 02/11/22 Archive Date: 02/11/22 DOCKET NO. 12-24 196 DATE: February 11, 2022 REMANDED Entitlement to an initial rating higher than 10 percent for the right index finger disability, to include an extraschedular rating and special monthly compensation (SMC), is remanded. Entitlement to an initial rating higher than 10 percent for the right middle finger disability, to include an extraschedular rating and/or SMC, is remanded. Entitlement to an initial compensable rating for the right ring finger disability, to include an extraschedular rating and/or SMC, is remanded. Entitlement to an initial compensable rating for the right little finger disability, to include an extraschedular rating and/or SMC, is remanded. Entitlement to an initial rating higher than 10 percent for the right thumb disability, to include an extraschedular rating and/or SMC, is remanded. Entitlement to a total disability rating due to individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1963 to March 1966. This case came before the Board of Veterans' Appeals (Board) on appeal from a July 2010 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). By way of procedural history, the RO granted service connection for the right middle finger disability and assigned a 10 percent rating, effective June 8, 2009; granted service connection for the right ring finger disability and assigned a noncompensable rating, effective June 8, 2009; and denied service connection for arthritis of the right hand in the thumb, index finger, and little finger. The Veteran submitted a timely notice of disagreement, and this appeal ensued. In March 2018, the Board denied higher ratings for the right middle finger and right ring finger disabilities, remanded the service connection claim for arthritis of the right hand in the thumb, index finger, and little fingers, and remanded claims for extraschedular consideration for the right ring finger and right middle finger disabilities. The Veteran appealed the March 2018 Board denial of higher ratings for the right middle finger and right ring finger disabilities to the United States Court of Appeals for Veterans Claims (the Court). In September 2019, the Court granted a Joint Motion for Remand (JMR), and vacated the March 2018 Board decision to the extent that it denied higher ratings for the right middle finger and right ring finger disabilities. In July 2019, the RO granted service connection for right hand arthritis and assigned a noncompensable rating, effective June 8, 2009. In a September 2020 rating decision, the RO granted service connection for right index finger arthritis and assigned a 10 percent rating, effective June 8, 2009, granted service connection for right thumb arthritis and granted a 10 percent rating, effective June 8, 2009, granted service connection for a right hand palm scar and assigned a noncompensable rating, effective June 8, 2009, and continued a noncompensable rating for right hand arthritis in the little finger. In August 2017, the Veteran testified in a videoconference hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript is of record and has been reviewed. 1. Entitlement to an initial rating higher than 10 percent for the right index finger disability, to include an extraschedular rating and special monthly compensation (SMC), is remanded; 2. Entitlement to an initial rating higher than 10 percent for the right middle finger disability, to include an extraschedular rating and/or SMC, is remanded; 3. Entitlement to an initial compensable rating for the right ring finger disability, to include an extraschedular rating and/or SMC, is remanded; 4. Entitlement to an initial compensable rating for the right little finger disability, to include an extraschedular rating and/or SMC, is remanded: 5. Entitlement to an initial rating higher than 10 percent for the right thumb disability, to include an extraschedular rating and/or SMC, is remanded. The Veteran submitted an additional VA Form 21-4142 for records at Shoals CBOC in November 2021. Thus, a remand is warranted for the RO to obtain any additional pertinent VA treatment records, to include records specifically from Shoals CBOC, and associate them with the claims file. 2. Entitlement to a TDIU is remanded. After the most recent August 2021 SSOC, the Veteran submitted a VA Form 21-8940, Application for TDIU. Moreover, the Veteran's representative, in the December 2021 informal hearing presentation, affirmatively requested that the AOJ review this new evidence in the first instance. Thus, a remand is warranted. See 38 C.F.R. §§ 19.31, 19.37, 20.1304 (2021). The matters are REMANDED for the following action: (Continued on the next page) 1. Obtain the outstanding treatment records from Shoals CBOC that were identified after the most recent SSOC. See November 2021 VA Form 21-4142. 2. Then, readjudicate the claims on appeal. S. B. MAYS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Harper, 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.