Citation Nr: 22018012 Decision Date: 03/27/22 Archive Date: 03/27/22 DOCKET NO. 13-25 064 DATE: March 27, 2022 ORDER Entitlement to a compensable rating for left (minor) fifth finger fracture residuals is denied. FINDING OF FACT The left fifth finger fracture residuals have been manifested by limitation of flexion, pain, and no ankylosis. CONCLUSION OF LAW The criteria for a compensable rating for left (minor) fifth finger fracture residuals have not been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.14, 4.71a, Diagnostic Codes 5227, 5230. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from February 1979 to May 1992. In a January 2022 supplemental statement of the case, the Agency of Original Jurisdiction addressed the issue of entitlement to a rating in excess of 20 percent for left hand laceration residuals with an ulnar nerve sensory lesion. That issue was not addressed in either the July 2013 statement of the case or the November 2018 Board of Veterans' Appeals (Board) Remand. A supplemental statement of the case may not announce a decision on an issue not previously addressed in a preceding statement of the case. 38 C.F.R. § 19.31; Mayfield v. Nicholson, 499 F.3d 1317 (Fed. Cir. 2007). Therefore the issue is not on appeal and will therefore not be addressed below. Rating for Left (Minor) Fifth Finger Residuals. The Veteran seeks a compensable rating for the left fifth finger fracture residuals. Disability ratings are determined by comparing the Veteran's current symptomatology with the criteria set forth in the Schedule for Rating Disabilities. 38 U.S.C. § 1155; 38 C.F.R. Part 4. A noncompensable rating is warranted for either favorable or unfavorable ankylosis of the fifth (little) finger of either hand. 38 C.F.R. § 4.71a, Diagnostic Code 5227. Ankylosis is "immobility and consolidation of a joint due to disease, injury, surgical procedure." Lewis v. Derwinski, 3 Vet. App. 259 (1992). A noncompensable rating is warranted for any degree of limitation of motion of the little (fifth) finger of either hand. 38 C.F.R. § 4.71a, Diagnostic Code 5230. The rating of the same disability under various diagnoses is to be avoided. 38 C.F.R. § 4.14. Disability of the musculoskeletal system is primarily the inability, due to damage or infection in the parts of the system, to perform the normal working movements of the body with normal excursion, strength, speed, coordination, and endurance. It is essential that the examination on which ratings are based adequately portray the anatomical damage, and the functional loss, with respect to all these elements. The functional loss may be due to absence of part, or all, of the necessary bones, joints and muscles, or associated structures, or to deformity, adhesions, defective innervation, or other pathology, or it may be due to pain, supported by adequate pathology and evidenced by visible behavior of the claimant undertaking the motion. Weakness is as important as limitation of motion, and a part which becomes painful on use must be regarded as seriously disabled. 38 C.F.R. §§ 4.10, 4.40, 4.45. The report of a November 2009 VA examination states that the Veteran complained of left fifth finger pain and limitation of motion. He was noted to be right handed. On examination, the Veteran exhibited left fifth finger limitation of motion with pain. The report of a January 2022 VA hand examination, the Veteran complained of left fifth finger pain and stiffness. On examination, the Veteran exhibited left fifth finger limitation of motion with pain. The examiner commented that the Veteran "is limited in, pushing, pulling, or carrying objects that weigh 5 or more pounds, or doing activities that require rapid left little finger (hand) movement." (Continued on the next page) The Board notes that a contemporaneous January 2022 VA neurological exam indicates that the service connected left hand laceration residuals with an ulnar nerve sensory lesion was found to be productive of disability which caused the Veteran to be "limited in, pushing, pulling, or carrying objects that weigh 5 or more pounds, or doing activities that require rapid left little finger (hand) movement." The service connected left fifth finger fracture residuals alone have been shown to be productive of no more than limitation of motion of the finger with pain. The provisions of Diagnostic Codes 5227 and 5230 do not provide a compensable rating for ankylosis or other limitation of fifth finger motion. While the Veteran has been found to have left hand functional impairment, the Board notes that such disability is addressed by the 20 percent rating assigned for the service connected left hand laceration residuals with an ulnar nerve sensory lesion. That rating, as noted above, is not currently on appeal. The Board concludes that a compensable rating for the left fifth finger fracture residuals is not warranted. 38 C.F.R. §§ 4.14, 471a, Diagnostic Codes 5227, 5230. J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Casula 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.