The appeal for compensation under 38 U.S.C. § 1151 for bowel puncture with sepsis is dismissed.,The Veteran's partial right index finger amputation is rated at 10 percent and the appeal for an evaluation in excess of 10 percent is denied.,The appeal for compensation under 38 U.S.C. § 1151 for decubitus ulcers (bedsores) is remanded.,The Veteran's right middle finger disability, including loss of flexion secondary to service-connected partial right index finger amputation, and his right ring finger disability, including loss of flexion secondary to service-connected partial right index finger amputation, are both remanded for further adjudication.,The appeal for service connection for the right middle finger disability is remanded.

The deciding factor: During the videoconference hearing on February 5, 2019, the Veteran explicitly withdrew his appeal of entitlement to compensation under 38 U.S.C. § 1151 for bowel puncture with sepsis.,The preponderance of evidence does not support a rating in excess of 10 percent for residuals of amputation at the phalangeal joint and middle phalanx of the right index finger.,The VA medical opinion is inadequate as it did not address whether the Veteran's bedsore(s) were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.,Secondary service connection for the right middle and/or ring finger disabilities must be addressed due to the possibility of prejudice. Additionally, a new VA examination is needed to determine the full nature and severity of any disability of the right middle and/or ring fingers.,The Veteran's right index finger amputation may have caused or aggravated his right middle and/or ring finger disabilities.

Claimed conditions

Bowel Puncture, Right Middle Finger Disability, Right Ring Finger Disability

How they argued it

Not specified

Exposure basis

None

Rating assigned

None in this decision

Decision date

June 14, 2019

Citation

19146793