The Veteran's service-connected right index finger, long finger, ring finger, and little finger disabilities have been rated at the maximum schedular rating available under Diagnostic Code (DC) 5229.,The Veteran's service-connected right index finger disability has not warranted a higher evaluation as there is no evidence of ankylosis or favorable/unfavorable ankylosis in any fingers, and his symptoms have been fully contemplated by the current 10 percent rating under DC 5229.,The Veteran's service-connected right long finger disability has not warranted a higher evaluation for similar reasons as above. The Veteran's symptoms have also been fully contemplated by the current 10 percent rating under DC 5229.,The Veteran's service-connected right ring finger disability does not warrant a compensable evaluation as there is no evidence of ankylosis or favorable/unfavorable ankylosis in any fingers, and his symptoms have been fully contemplated by the current noncompensable rating under DC 5230. The Court has ruled that painful motion alone does not warrant a compensable rating under this code.,The Veteran's service-connected right little finger disability also does not warrant a compensable evaluation as there is no evidence of ankylosis or favorable/unfavorable ankylosis in any fingers, and his symptoms have been fully contemplated by the current noncompensable rating under DC 5230. The Court has ruled that painful motion alone does not warrant a compensable rating under this code.
The deciding factor: The Veteran's service-connected right index finger, long finger, ring finger, and little finger disabilities have been rated at the maximum schedular rating available under Diagnostic Code (DC) 5229. The symptoms reported by the Veteran do not warrant a higher evaluation as there is no evidence of ankylosis or favorable/unfavorable ankylosis in any fingers.
- Claimed conditions
- {"condition_name":"Arthritis of the Right Index Finger","status":"Residual of gunshot wound"}, {"condition_name":"Arthritis of the Right Long Finger","status":"Residual of gunshot wound"}, {"condition_name":"Arthritis of the Right Ring Finger","status":"Residual of gunshot wound"}, {"condition_name":"Arthritis of the Right Little Finger","status":"Residual of gunshot wound"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2020
- Citation
- 20075093
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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