The veteran's amputation of the left ring finger, while just distal to the proximal phalanx, is accompanied by very substantial pain, requiring Vicodin, and has been reported to result in flare-ups with additional disability. The Board finds that a higher evaluation of 20 percent is warranted.
The deciding factor: The overall disability picture is not fully contemplated by the assigned 10 percent evaluation and that a higher evaluation of 20 percent is warranted, in light of the considerations of DeLuca v. Brown, 8 Vet. App. 202, 204-07 (1995) and 38 C.F.R. �� 4.40 and 4.45, which contemplate such factors as painful motion and additional disability during flare-ups.
- Claimed conditions
- amputation of the left ring finger just distal to the proximal phalanx
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 6, 2009
- Citation
- 0900410
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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