The Veteran's right thumb disability is remanded due to the inadequacy of the December 2018 VA examination in considering flare-ups and functional loss.
The deciding factor: The December 2018 VA examination did not consider the impact of flare-ups on the Veteran’s range of motion, as required by Sharp v. Shulkin (2017).
- Claimed conditions
- Right thumb fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2020
- Citation
- 20005090
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's right thumb fracture residuals are currently rated at 10 percent, effective March 17, 2011. The Board denied a higher rating as the evidence did not show more than a gap of 1 to 2 inches between the thumb and fingers with the thumb attempting to oppose the fingers.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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