Case A26034914

Summary

The Veteran served from July 1973 to February 1975. This case comes before the Board on appeal from a June 2021 rating decision, with a hearing held in November 2024. The Veteran withdrew his appeal for a respiratory disorder, which the Board dismissed as requested. The Veteran sought service connection for a right hand palmar nodule and a right hand scar, along with a general right hand disorder. The Board granted service connection for the right hand palmar nodule, finding it related to service based on a documented in-service laceration from barbed wire in 1974, a private physician's opinion linking the nodule to the trauma, and the absence of contrary evidence. The Board applied the benefit of the doubt in the Veteran's favor for this claim. The claims for a right hand scar and a general right hand disorder were remanded. The remand is necessary because the Agency of Original Jurisdiction (AOJ) did not adequately assist the Veteran in obtaining his complete service treatment records (STRs) before issuing the initial decision, having failed to wait for the Veteran's response after notifying him of the records' unavailability and then receiving them later. The Board noted that while a private treatment record suggested osteoarthritis might not be related to use or occupation, it lacked specific analysis for the Veteran's circumstances, necessitating further development.

Full Decision Text

Citation Nr: A26034914
Decision Date: 04/15/26	Archive Date: 04/15/26

DOCKET NO. 210723-174793
DATE: April 15, 2026

ORDER

The appeal pertaining to the issue of entitlement to service connection for a respiratory disorder is dismissed.

Service connection for right hand palmar nodule is granted.

REMANDED

Entitlement to service connection for a right hand scar is remanded.

Entitlement to service connection for a right hand disorder other than service-connected right hand palmar nodule is remanded. 

FINDINGS OF FACT

1. Prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal pertaining to the issue of entitlement to service connection for a respiratory disorder on the record at the November 2024 Board of Veterans' Appeals (Board) hearing.

2. Resolving all reasonable doubt in the Veteran's favor, his currently diagnosed right hand palmar nodule is related to his military service.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal pertaining to the claim for entitlement to service connection for a respiratory disorder by the Veteran have been met.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

2. The criteria for service connection for right hand palmar nodule have been met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.   

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from July 1973 to February 1975.  This matter comes before the Board on appeal from a rating decision issued in June 2021 by a Department of Veterans Affairs (VA) Regional Office under the modernized appeals system known as the Appeals Modernization Act (AMA).  In July 2021, the Veteran timely appealed such rating decision to the Board by filing a Decision Review Request: Board Appeal (Notice of Disagreement) (VA Form 10182) and requested a hearing, which was held before the undersigned Veterans Law Judge in November 2024.  A transcript of the hearing is associated with the record. 

Therefore, the Board may only consider the evidence of record at the time of the June 2021 Agency of Original Jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing.  38 C.F.R. § 20.302(a).  If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision.  38 C.F.R. §§ 20.300, 20.302(a), 20.801. 

With respect to the claims adjudicated herein, if the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, he 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 claims, considering the new evidence in addition to the evidence previously considered.  Id.  Specific instructions for filing a Supplemental Claim are included with this decision. However, as the Board is remanding the remainder of the claims, any evidence the Board could not consider will be considered by the AOJ in the adjudication of such claims. 38 C.F.R. § 3.103(c)(2)(ii).

1. Entitlement to service connection for a respiratory disorder.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. Id. 

In the instant case, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal pertaining to the issue of entitlement to service connection for a respiratory disorder on the record at the November 2024 Board hearing.  In this regard, the Board finds that such withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.  See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (
 time before the Board promulgates a decision. 38 C.F.R. § 20.205. Withdrawal may be made by the appellant or by his or her authorized representative. Id. 

In the instant case, prior to the promulgation of a decision in the appeal, the Veteran withdrew his appeal pertaining to the issue of entitlement to service connection for a respiratory disorder on the record at the November 2024 Board hearing.  In this regard, the Board finds that such withdrawal was explicit, unambiguous, and done with a full understanding of the consequences of such action on the part of the claimant.  See DeLisio v. Shinseki, 25 Vet. App. 45, 57 (2011); Acree v. O'Rourke, 891 F.3d 1009 (Fed. Cir. 2018).  Consequently, there remain no allegations of errors of fact or law for appellate consideration with regard to such issue.  Accordingly, the Board does not have jurisdiction to review the appeal of such issue, and it is dismissed. 

2. Entitlement to service connection for a right hand disorder.

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service.  38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection may also be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service.  38 C.F.R. § 3.303(d).  Direct service connection may not be granted without evidence of a current disability; in-service incurrence or aggravation of a disease or injury; and a nexus between the claimed in-service disease or injury and the present disease or injury.  Id.: see also Caluza v. Brown, 7 Vet. App. 498, 506 (1995) aff'd, 78 F.3d 604 (Fed. Cir. 1996).

The Veteran contends that he has a right hand disorder as a result of an in-service injury that occurred in 1974. Specifically, he reported that, while stationed with a mobile construction battalion in Guam, he cut his right hand on razor wire while jumping a fence. 

As an initial matter, the Board notes that the Veteran's private treatment records reflect, as relevant, a current diagnosis of right hand palmar nodule.  Additionally, in December 2024, the Veteran submitted a copy of an October 3, 1974, service treatment records (STR) that reflected that he sustained a laceration on the base of his fourth finger while climbing over a barbed wired fence.  Such record also reflects that the Veteran's laceration required six 3-0 sutures to close, and a sterile dressing was applied to the sutured wound.  On October 4 and 7, 1974, it was noted that he had no swelling or signs of infection, and his dressing was changed.  

In pertinent part, in a January 2022 private opinion, J.A., a physician's assistant, indicated that the Veteran sustained an injury to his right hand while in service.  Specifically, he noted that, when climbing a barbed wire fence, his right palm became stuck and he was dangling by his right hand.  J.A. further noted that such injury required closure with six stitches.  In this regard, he determined that the Veteran developed a palmar nodule as a result of such in-service traumatic injury.  Here, he explained that the etiology palmar nodules was discussed, and trauma was usually a precipitating factor.  Similarly, in an April 2024 private treatment record, J.A. reported that the Veteran had a palmar cord at the base of his ring finger, which was likely secondary to the laceration he sustained many years ago in service.  

Notable, there is no opinion to the contrary.  Thus, based on the aforementioned favorable opinions of record, which were offered by a medical professional who considered all relevant facts and pertinent medical principles, the Board resolves all reasonable doubt in the Veteran's favor and finds that his currently diagnosed right hand palmar nodule is related to his military service.  Therefore, service connection for such disorder is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

REASONS FOR REMAND

3. Entitlement to service connection for a right hand scar.

4. Entitlement to service connection for a right hand disorder other than service-connected right hand palmar nodule. 

Prior to the issuance of the rating decision on appeal, the Veteran reported in his August 2019 claim that, while in service, he incurred the aforementioned right hand injury in 
 and pertinent medical principles, the Board resolves all reasonable doubt in the Veteran's favor and finds that his currently diagnosed right hand palmar nodule is related to his military service.  Therefore, service connection for such disorder is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

REASONS FOR REMAND

3. Entitlement to service connection for a right hand scar.

4. Entitlement to service connection for a right hand disorder other than service-connected right hand palmar nodule. 

Prior to the issuance of the rating decision on appeal, the Veteran reported in his August 2019 claim that, while in service, he incurred the aforementioned right hand injury in 1974, which resulted in a scar and continued symptoms. Further, during his November 2024 Board hearing, he reported that he currently had a visible scar on his right hand and, since his in-service injury, he experienced stiffness at the base of his third and fourth fingers, numbness, and pain with diagnoses of carpal tunnel syndrome and arthritis. As indicated previously, in December 2024, he submit a copy of his October 1974 STRs reflecting treatment for a right hand laceration that required six 3-0 sutures to close, thereby suggesting the subsequent development of a scar, and an April 2024 private treatment record reflecting a diagnosis of osteoarthritis of the first carpometacarpal joint of the right hand.  

Prior to the issuance of the rating decision on appeal, the AOJ made numerous efforts to obtain the Veteran's STRs, but ultimately determined that such records did not exist or further efforts to obtain such records would be futile. In this regard, he was advised of such fact in a June 18, 2021, letter and informed that he may submit any relevant documents in his possession, to include any available copies of his STRs. However, the AOJ rendered the rating decision on appeal four days later without waiting an appropriate time for the Veteran to respond. Thereafter, he submitted copies of his STRs one month later in July 2021. Furthermore, it appears that the complete Veteran's STRs were in fact available as such were associated with the record in May 2023. Consequently, the Board finds that, based on such facts, the AOJ did not satisfy its duty to assist the Veteran in obtaining his STRs prior to the issuance of the rating decision on appeal. Thus, a remand is necessary in order for the AOJ to ensure that his complete STRs are on file. 38 C.F.R. § 3.159(c)(2).  

In ordering such development, the Board acknowledges that, in the April 2024 private treatment record, J.A. indicated that osteoarthritis appeared sooner in patients with a genetic predisposition or prior injury, and there was evidence that it was not related to use or occupation.  However, as there was no analysis pertaining to the Veteran's specific circumstances, it is insufficient to award service connection for right hand arthritis.  

The matters are REMANDED for the following action:

Ensure that the Veteran's complete STRs are of record.

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Koria B. Stanton, Associate Counsel

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.