11-18 109
11-18 109
| Board of Vet. App. | Sep 27, 2017Background
- Veteran served 1979–1985 and appealed VA regional office decisions regarding right ring finger injury residuals.
- Initial compensable schedular rating for the right ring finger was previously denied; remand focused on extraschedular consideration and possible separate hand rating.
- VA obtained VA examinations (Mar 2011, Jan 2015) and Director of Compensation Service opinion on extraschedular evaluation (Mar 2017).
- Evidence shows limitation of motion in the right ring finger and reports of right-hand symptoms (pain, swelling, weakness, loss of grip on exertion) attributable to the ring finger condition.
- Board found finger-only symptoms are contemplated by the schedular criteria but that right-hand manifestations (intrinsic muscle impairment producing limitation of hand motion) exist and warrant a separate compensable rating.
- Board denied an extraschedular rating for the ring finger itself but granted a separate 10% rating for right-hand manifestations under Code 5309 and remanded to develop whether a rating higher than 10% is warranted (muscle exam and records requested).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an extraschedular rating is warranted for the right ring finger residuals | Veteran contends symptoms exceed schedular criteria and cause more severe disability | VA/Director: symptoms fall within rating schedule; no unusual or exceptional pattern | Denied — schedular criteria adequately contemplate finger-only limitation; no extraschedular referral warranted |
| Whether a separate rating for right-hand manifestations is warranted | Veteran asserts finger condition causes hand symptoms (swelling, weakness, loss of grip) affecting function | VA/Director largely considered finger only; initial opinion did not adequately address whole-hand effects | Granted — separate 10% rating for right-hand intrinsic muscle impairment under Code 5309 for entire appeal period; remand for possible higher rating |
Key Cases Cited
- Thun v. Peake, 22 Vet. App. 111 (three-step test for extraschedular ratings)
- Yancy v. McDonald, 27 Vet. App. 484 (schedular inadequacy requirement for extraschedular consideration)
- Sowers v. McDonald, 27 Vet. App. 472 (rating schedule limitation for ring finger painful motion)
- Kuppamala v. McDonald, 27 Vet. App. 447 (Board may assign extraschedular ratings on review)
- DeLuca v. Brown, 8 Vet. App. 202 (painful motion consideration)
- Tropf v. Nicholson, 20 Vet. App. 317 (separate ratings for distinct disabilities)
- Esteban v. Brown, 6 Vet. App. 259 (same: multiple manifestations warrant separate ratings)
- Barr v. Nicholson, 21 Vet. App. 303 (adequacy of VA examinations as probative evidence)