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Board of Veterans' Appeals · Legacy series

Entitlement to an initial disability rating in excess of 10 percent for residuals of a left hand fifth digit proximal base fracture with degenerative arthritis is remanded.

January 30, 2026Citation Nr. 26001409Docket 18-47 506va.gov source

  • Residuals of a left hand fifth digit proximal base fracture with degenerative arthritis - initial disability rating over 10 percentRemanded
  • Right knee strain - initial disability rating over 10 percentRemanded
  • Right shoulder partial rotator cuff tear with right shoulder impingement syndrome - disability rating over 30 percent (July 13, 2012 to Feb 6, 2014)Remanded
  • Special monthly compensation under 38 U.S.C. § 1114(s)Remanded
DecisionAnalysis

Board reasoning

The Board found that further development is required for each remanded claim, including retrospective medical opinions and evaluations under Sharp and DeLuca principles to adequately assess functional loss, pain, flare-ups, and effects of repetitive use. The June 2025 JMPR identified deficiencies in the adequacy of prior examinations, prompting remands to obtain retrospective opinions and address the examiners' reasoning for flares and ROM estimates.

Issues

  • Residuals of a left hand fifth digit proximal base fracture with degenerative arthritis - initial disability rating over 10 percentRemanded
  • Right knee strain - initial disability rating over 10 percentRemanded
  • Right shoulder partial rotator cuff tear with right shoulder impingement syndrome - disability rating over 30 percent (July 13, 2012 to Feb 6, 2014)Remanded
  • Special monthly compensation under 38 U.S.C. § 1114(s)Remanded

Authorities

  • McLendon v. Nicholson, 20 Vet. App. 79supports need for additional medical opinions when record is insufficient to decide claim
  • Chotta v. Peake, 22 Vet. App. 80recognizes need for retrospective opinions
  • DeLuca v. Brown, 8 Vet. App. 202requires consideration of weakened movement, fatigability, and pain in ROM assessments
  • Johnston v. Brown, 10 Vet. App. 80limits highest extra rating based on DeLuca factors
  • Mitchell v. Shinseki, 25 Vet. App. 32clarifies pain may indicate functional loss but is not itself functional loss
  • Sharp v. Shulkin, 29 Vet. App. 26requires evaluation of pain during periodic flare-ups and that ROM be estimated accordingly

Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.