Wrist & hand decisions — 2003

The Board has denied the veteran's claim for an increased rating for his service-connected postoperative residuals of fusion of the right wrist, as he does not have loss of use of his hand.

The veteran's left hand and wrist condition is not considered to be due to VA medical treatment, thus the claim for compensation under 38 U.S.C.A. § 1151 has been denied.

The veteran's claims are being remanded due to his request for a videoconference hearing before the Board of Veterans' Appeals.

The veteran's claims for service connection for headaches, sinusitis, eye disorder (astigmatism and presbyopia), CTS of the left wrist, CTS of the right wrist, and gum disease are all denied as there is no evidence to support these conditions.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for carpal tunnel syndrome and reflex sympathetic dystrophy of the right upper extremity as a result of VA surgery and treatment in May and June 1974. The Board has ordered remand due to lack of an etiological opinion regarding the cause or worsening of these conditions.

The Board has determined that the veteran's left wrist, which is his minor hand, suffers from severe, incomplete paralysis of the median nerve. This warrants a 40 percent rating under Diagnostic Code 8515 for paralysis of the median nerve on the minor hand. The veteran does not meet the criteria for higher ratings based on arthritis, limitation of motion, or ankylosis of the wrist. A separate compensable rating is assigned for the surgical scars at the left wrist.

The Board found that the veteran's service-connected left third metacarpal fracture did not result in a compensable rating, and denied his claim for service connection of left carpal tunnel syndrome as it was not due to an injury incurred during active duty or Reserve duty.

The Board has determined that the veteran's right wrist disability with arthritis does not warrant an evaluation in excess of 20 percent.

The Board found that the veteran's carpal tunnel syndrome and right elbow neuropathy were not incurred or aggravated by active duty, inactive duty for training, or any other service-connected condition. The evidence did not establish a direct relationship to service.

The Board found that the veteran's bilateral carpal tunnel syndrome and right shoulder disability were not related to VA medical treatment from February 1991 to April 1993, and thus denied his claims for compensation benefits under 38 U.S.C.A. § 1151 and an increased rating.

The VA determined that the veteran's right wrist synovitis is characterized by tenderness to palpation with exacerbations of mild pain, incoordination, and weakness. The evaluation for her right wrist disability remains at 10 percent.

The Board found that the veteran's right leg and ankle disability, left ankle disorder, chronic laryngitis, bilateral fibrocystic breast disease, thyroid disorder, appendectomy, and therapeutic abortions were all incurred during active service.

The Board of Veterans' Appeals (Board) found that the September 1946 rating decision, which assigned a noncompensable evaluation for the veteran's service-connected residuals of a laceration of the ulnar surface of the right wrist, did not contain clear and unmistakable error. The RO in September 1946 was not shown to have been as explanatory as it could have been, but the evidence then of record did not compel a compensable evaluation for the veteran's right ulnar nerve disability.

The Board has determined that the veteran's cluster headaches, hearing loss in the left ear, and bilateral carpal tunnel syndrome are service-connected as they were first shown during his second period of active duty.

The Board has denied the veteran's claims for service connection for a right wrist disorder and a bilateral hip disorder, both secondary to his service-connected disabilities. The claim for an increased evaluation of residuals of a fracture of the left fifth metatarsal was also denied.

The Board has granted service connection for a ganglion cyst of the right wrist, finding that it was incurred in active service. The other conditions are not considered to be related to service.

The Board found that the veteran's multiple joint pain due to an undiagnosed illness did not meet the criteria for a higher evaluation than 20 percent.

The veteran's claim for financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment for an automobile is denied as he does not meet the criteria set forth by VA regulations.

The Board found that the veteran's claim for a permanent and total disability rating for pension purposes cannot be established without a current VA examination, but he failed to appear for scheduled examinations. The RO recognized additional evidence received after the December 1998 denial, including diagnoses of neck condition, bilateral patellofemoral syndrome, and dyspnea on exertion.

The Board denied the veteran's claims for service connection for bilateral knee disability, idiopathic thrombocytopenia purpura, residuals of removal of the spleen, sterility (presumed secondary to a service-connected condition), and right wrist disability. The decision found no new and material evidence to reopen the claim for bilateral knee disability and denied all other claims.