FINGER IMPAIRMENT OF

Summary

The Veteran, an Army veteran who served from February 1971 to February 1973 and again from November 1990 to May 1991, appeals the denial of service connection for ankylosis of the left index finger. The Veteran contends this condition is secondary to an in-service injury sustained while working as a Food-service Specialist in 1971, where he cut his finger on a meat slicer. The VA's January 2025 rating decision conceded a favorable finding of ankylosis. A subsequent October 2024 VA examination diagnosed the ankylosis and confirmed the Veteran's report of the in-service meat slicer injury, noting stitches were administered but full motion was not regained. However, the VA examiner opined the condition was less likely than not related to service, citing a lack of contemporaneous documentation of the injury in the service treatment records (STRs). The Board found the Veteran credible regarding the in-service injury and the continuity of symptoms, supported by private treatment records from September 2023. The Board found the VA examiner's negative opinion inadequate because it relied solely on the absence of STR documentation and failed to adequately consider the Veteran's credible lay testimony and private treatment records, citing Buchanan v. Nicholson and Acevedo v. Shinseki. Therefore, the Board found the ankylosis causally related to service and granted service connection.

Rationale

Favorable finding of ankylosis conceded by RO; Veteran credible regarding in-service injury and continuity of symptoms; VA examiner's negative opinion inadequate due to reliance on absence of STR documentation

Full Decision Text

Citation Nr: A26033570
Decision Date: 04/10/26	Archive Date: 04/10/26

DOCKET NO. 251217-614544
DATE: April 10, 2026

ORDER

Entitlement to service connection for left index finger ankylosis is granted.

FINDING OF FACT

The probative evidence of record supports a finding that the Veteran experienced a finger injury during service and has suffered corresponding symptoms to the present day. 

CONCLUSION OF LAW

The criteria for service connection for left index finger ankylosis have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the U.S. Army from February 1971 to February 1973 and from November 1990 to May 1991.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2025 Department of Veterans Affairs (VA) Regional Office (RO) rating decision. Subsequently, the Veteran timely appealed the January 2025 rating decision to the Board on a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) and requested the evidence submission docket. Based upon the Veteran's selection of the evidence submission docket, the Board may consider: (1) evidence in the record at the time of the January 2025 rating decision; and (2) evidence submitted by the Veteran or his representative within the 90-day period following the receipt of the Veteran's December 2025 VA Form 10182.   

If the Veteran would like the VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the earlier effective date claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.   

Legal Criteria

To prevail on the issue of service connection, there must be evidence of a current disability, in-service incurrence or aggravation of a disease or injury, and a causal relationship between the present disability and the disease or injury incurred or aggravated during service. See Shedden v. Principi, 381 F.3d 1163, 116667 (Fed. Cir. 2004).

Service connection may also be established under 38 C.F.R. § 3.303(b) for a current disability on the basis of a presumption under the law that certain chronic diseases manifesting themselves to a certain degree within a certain time after service must have had their onset in service; and service connection may be established by evidence of continuity of symptomatology. 38 U.S.C. §§ 1101, 1110, 1112; 38 C.F.R. §§ 3.303, 3.304, 3.307, 3.309(a).

In determining whether service connection is warranted for a disability, VA is responsible for determining whether the evidence persuasively favors the claim or is in approximate balance, with the Veteran prevailing in either event, or whether the evidence persuasively weighs against the claim, in which case the claim is denied. In other words, when there is an approximate balance of positive and negative evidence regarding any issue material to the determination, the benefit of the doubt is afforded to the claimant. U.S.C. § 5107; 38 C.F.R. § 3.102; Lynch v. McDonough, 21 F.4th 776 (2021).

1. Service connection for left index finger ankylosis.

The Veteran contends that he has left index finger ankylosis secondary to an injury that occurred while in service.

First, the rating decision currently on appeal concedes a favorable finding that the Veteran has been diagnosed with left index finger ankylosis. The Board is bound by that favorable finding, and the first Shedden criterion is satisfied.

The Veteran was afforded an October 2024 VA examination, during which he was diagnosed with ankylosis of the left index finger. The examiner confirmed the Veteran's contentions that he cut his finger on a meat slicer while working in service in 1971. The Veteran reported that he had stitches but has not regained motion. The Veteran reported that he was told the only other option was amputation. The examiner opined that it was less likely than not that the Veteran's current disability is related to the claimed in-service event. As rationale, the
cedes a favorable finding that the Veteran has been diagnosed with left index finger ankylosis. The Board is bound by that favorable finding, and the first Shedden criterion is satisfied.

The Veteran was afforded an October 2024 VA examination, during which he was diagnosed with ankylosis of the left index finger. The examiner confirmed the Veteran's contentions that he cut his finger on a meat slicer while working in service in 1971. The Veteran reported that he had stitches but has not regained motion. The Veteran reported that he was told the only other option was amputation. The examiner opined that it was less likely than not that the Veteran's current disability is related to the claimed in-service event. As rationale, the examiner reports that the medical records show no documentation of a laceration or injury to that finger. The examiner points to no documentation of an issue or complaint of an injury to his left index finger at the separation exam. The examiner says the back of documentation makes it impossible to understand when the finger was actually injured or how it was injured. 

Here, the Board finds the Veteran competent and credible to report that he suffered an injury from a meat slicer while working during service. The Veteran's DD 214 confirms that in 1971 the Veteran's MOS was Food-service Specialist. The Board also finds the Veteran competent and credible to report that his left finger ankylosis has persisted since exiting from service. Private treatment records from September 2023 corroborate the Veteran's reports that his ankylosis has persisted since service. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007).

The Board does not assign probative value to the October 2024 VA examiner's negative opinions because his opinion was not supported with an adequate rationale. The examiner relied on the absence of reports of a finger injury in the Veteran's STRs as a basis for his negative nexus opinion.  A medical opinion based solely on the absence of documentation in the service treatment records or that fails to take into account lay statements is inadequate.  See Buchanan v. Nicholson, 451 F. 3d 1331, 1336-37 (Fed. Cir. 2006) (VA examiner's opinion inadequate that relied on the absence of contemporaneous medical evidence); see also Acevedo v. Shinseki, 25 Vet. App. 286, 294 (2010).  

Accordingly, the probative evidence of record supports a finding that the Veteran's ankylosis of the left index finger is causally related to service.

As such, service connection is granted. 

 

Thomas L. English

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Seibert, Andrew L. II

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.