Found my case on BVA decisions search

[Remisdad]

No question just found my case while searching BVA decisions and thought I'd share and see if anyone had any opinions. 


Citation Nr: 20014698
Decision Date: 02/26/20	Archive Date: 02/26/20

DOCKET NO. 19-27 623
DATE: February 26, 2020

REMANDED

Entitlement to an initial rating in excess of 10 percent for left hand malunion spiral fracture of left long and ring metacarpal, to include on an extraschedular basis, is remanded.

Entitlement to an initial compensable rating for left hand malunion spiral fracture of left ring finger, to include on an extraschedular basis, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from April 1993 to August 1996.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), which granted service connection for left hand malunion spiral fracture of left third and fourth metacarpal and left hand malunion spiral fracture of left fourth and assigned a 10 percent rating and a noncompensable rating respectively, effective January 29, 2016.

1. Entitlement to an initial rating in excess of 10 percent for left hand malunion spiral fracture of left long and ring metacarpal, to include on an extraschedular basis, is remanded.

2. Entitlement to an initial compensable rating for left hand malunion spiral fracture of left ring finger, to include on an extraschedular basis, is remanded.

In his December 2016 Notice of Disagreement (NOD) and in his September 2019 VA Form 9, the Veteran asserts that a distal fragment or bone spur that protrudes into the flesh of his hand is an additional symptom that affects his overall disability picture regarding his left hand finger disabilities that causes significant pain, limitation of motion, and an inability to fully close or grasp objects with his left hand.  Additionally, during the October 2016 VA examination, the Veteran reported his left hand finger disabilities interfered with his ability to do his job as a heavy machinery operator due to his inability to grip things in his left hand, including the need to tightly grab the steering wheel when driving a dump truck with a manual transmission over rocky roads, and that he cannot adequately perform his duties.  To this end, the October 2016 VA examiner indicated his ability to work is significantly impacted due to his inability “to close his left hand fully because when he does the portion of the third metacarpal presses into his hand causing significant pain.”  Additionally, the examiner highlighted that as his left hand condition has worsened, he has become more of a liability on the job and that in the event of an accident, his employer could be found liable for allowing him to operate equipment with such limitations.  Moreover, the December 2018 VA examiner also noted the Veteran’s ability to work is impacted due to his inability to grip with his left hand if he needed to lift something that required both hands.

Given this evidence, the Board finds that referral to the Under Secretary for Benefits or the Director of the Compensation Service is warranted to determine whether the Veteran’s disability picture requires the assignment of an extraschedular rating for his left hand finger disabilities.  Any outstanding records should also be secured.

The matters are REMANDED for the following action:

1.  Obtain any outstanding VA treatment records.

2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records.

3. Then refer the issues of entitlement to an initial rating in excess of 10 percent for left hand malunion spiral fracture of left long and ring metacarpal and an initial compensable rating for left hand malunion spiral fracture of left ring finger to the Director of Compensation Service for extraschedular consideration consistent with 38 C.F.R. § 3.321(b).  The Director is specifically requested to consider the symptomatology outlined in the Veteran’s December 2016 NOD, September 2019 VA Form 9, and October 2016 and December 2018 VA examination reports. 

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Asante

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.

[Remisdad]

On va.gov when I started my appeal there were 155k cases ahead of mine. When there was 130k ahead of mine my case was remanded. I didn't ask for mine to be sped up. So do they not go in order?  I have 122k ahead of me now. That just didn't make sense to me. 

[broncovet]

There is a huge lag time between va.gov postings and the rest of the world.   So, when you read this, you obviously fell in the lag time.  As an example, some people get their money prior to ever receving a decision, and anything being posted on ebenefits or va.gov.  

You have no choice but to wait for the remand to be completed.  

[Buck52]

I was thinking when a veteran has to go to the BVA for a decision which is usually a 85% chance will be a favorable...but as the BVA judges approves his claim   and then remand it back to the R.O.   WHY don't the BVA just set up an office at the R.O. SINCE they are the ones to make the final decision  stop all this back and forth crap.   with these claims.

[GBArmy]

It really is something. Most veterans who submit a claim really doesn't have any idea how upside down the whole claims process is. They expect that the VA will do right by them; after all, the veteran did their duty for the country. So the VA will grant what he or she should get. If they are lucky, they get good education and guidance and they get some advise from a few that have been in try to warn of the inconsistencies and stupidity of the processes. Take the remand process. The BVA  remands a direction to the VA, it goes back, if the VA makes a decision the veteran doesn't like, it goes back on appeal to the BVA. The BVA makes another decision, and then, repeat the process. Or AO presumptive disabilities. Congress passes a law that the NAS is to review and report their findings on the effects of AO as it relates to certain diseases every other year. They do and make the required recommendations to the VA to add 4 more presumptives. The VA ignores for 4 years. Congress  says to the VA to get on the stick and report when they will act in 30 days. The VA says to Congress, maybe  in a year, we have to do our own study. Who the hell is running the country? Sure looks like the VA will and can do what it wants, law or no law.

[Remisdad]

Thanks all. I'm not the sharpest tack in the box and I HAD a lawyer who was dumber than me. I have learned more about the va process the short time I've been on this site than I could have ever imagined.  I am cautiously optimistic about my case. This site is great and once again thanks all!!!!!

[needhope]

On 5/27/2020 at 11:42 AM, Remisdad said:

No question just found my case while searching BVA decisions and thought I'd share and see if anyone had any opinions. 


Citation Nr: 20014698
Decision Date: 02/26/20	Archive Date: 02/26/20

DOCKET NO. 19-27 623
DATE: February 26, 2020

REMANDED

Entitlement to an initial rating in excess of 10 percent for left hand malunion spiral fracture of left long and ring metacarpal, to include on an extraschedular basis, is remanded.

Entitlement to an initial compensable rating for left hand malunion spiral fracture of left ring finger, to include on an extraschedular basis, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from April 1993 to August 1996.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), which granted service connection for left hand malunion spiral fracture of left third and fourth metacarpal and left hand malunion spiral fracture of left fourth and assigned a 10 percent rating and a noncompensable rating respectively, effective January 29, 2016.

1. Entitlement to an initial rating in excess of 10 percent for left hand malunion spiral fracture of left long and ring metacarpal, to include on an extraschedular basis, is remanded.

2. Entitlement to an initial compensable rating for left hand malunion spiral fracture of left ring finger, to include on an extraschedular basis, is remanded.

In his December 2016 Notice of Disagreement (NOD) and in his September 2019 VA Form 9, the Veteran asserts that a distal fragment or bone spur that protrudes into the flesh of his hand is an additional symptom that affects his overall disability picture regarding his left hand finger disabilities that causes significant pain, limitation of motion, and an inability to fully close or grasp objects with his left hand.  Additionally, during the October 2016 VA examination, the Veteran reported his left hand finger disabilities interfered with his ability to do his job as a heavy machinery operator due to his inability to grip things in his left hand, including the need to tightly grab the steering wheel when driving a dump truck with a manual transmission over rocky roads, and that he cannot adequately perform his duties.  To this end, the October 2016 VA examiner indicated his ability to work is significantly impacted due to his inability “to close his left hand fully because when he does the portion of the third metacarpal presses into his hand causing significant pain.”  Additionally, the examiner highlighted that as his left hand condition has worsened, he has become more of a liability on the job and that in the event of an accident, his employer could be found liable for allowing him to operate equipment with such limitations.  Moreover, the December 2018 VA examiner also noted the Veteran’s ability to work is impacted due to his inability to grip with his left hand if he needed to lift something that required both hands.

Given this evidence, the Board finds that referral to the Under Secretary for Benefits or the Director of the Compensation Service is warranted to determine whether the Veteran’s disability picture requires the assignment of an extraschedular rating for his left hand finger disabilities.  Any outstanding records should also be secured.

The matters are REMANDED for the following action:

1.  Obtain any outstanding VA treatment records.

2. With any necessary assistance from the Veteran, obtain any outstanding relevant private treatment records.

3. Then refer the issues of entitlement to an initial rating in excess of 10 percent for left hand malunion spiral fracture of left long and ring metacarpal and an initial compensable rating for left hand malunion spiral fracture of left ring finger to the Director of Compensation Service for extraschedular consideration consistent with 38 C.F.R. § 3.321(b).  The Director is specifically requested to consider the symptomatology outlined in the Veteran’s December 2016 NOD, September 2019 VA Form 9, and October 2016 and December 2018 VA examination reports. 

 

 

S. BUSH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Asante

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.

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