FINGER(S) AMPUTATION OF ONE OR MORE
E. I. VELEZ · 2026 · Case ID: A26038500
Summary
The Veteran served on active duty for training (ADT) from May 1986 to October 1986. This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2021 rating decision. The Veteran sought service connection for left little finger pain, asserting an in-service injury during training. The Board reviewed the evidence, including the Veteran's testimony and service treatment records (STRs). During an April 2021 VA examination, the Veteran reported current left little finger pain, which the examiner opined would impact job tasks requiring heavy lifting or repetitive motion. The examiner also noted the absence of a chronic diagnosis and stated that benign bone cysts, as reflected in STRs, are typically asymptomatic unless fractured, which was not the case here. However, the Board found this opinion inadequate because it did not consider the Veteran's reported pain or complete diagnostic imaging. The Board noted that STRs corroborated an in-service injury to the left hand, specifically a benign bone cyst without fracture. Applying the benefit of the doubt doctrine, the Board found that the Veteran's left little finger pain was incurred during service, granting service connection. The Board concluded that the condition resulted in functional impairment due to pain affecting finger use, particularly with extended use or certain motions.
Rationale
Veteran reported onset of symptoms during ADT.; Service treatment records corroborate in-service injury (benign bone cyst).; VA examiner opinion found inadequate for failing to address pain and diagnostic imaging.; Benefit of the doubt resolved in Veteran's favor.
Full Decision Text
Citation Nr: A26038500 Decision Date: 04/24/26 Archive Date: 04/24/26 DOCKET NO. 210421-154451 DATE: April 24, 2026 ORDER Entitlement to service connection for left little finger pain is granted. FINDINGS OF FACT 1. The Veteran's left little finger pain results in functional impairment because the Veteran has less ability to use his finger while in pain. 2. After resolving reasonable doubt in his favor, the Veteran's left little finger pain was incurred during active service. CONCLUSION OF LAW The criteria for entitlement to service connection for left little finger pain have been met. 38 U.S.C. §§ 1131, 5107(b) (2024); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2025). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty for training (ADT) from May 1986 to October 1986. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2021 rating decision by the Department of Veterans Affairs (VA). In the April 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. On October 10, 2024, the Veteran withdrew the hearing request. Therefore, the Board may only consider the evidence of record at the time of the April 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran within 90 days following receipt of the withdrawal of the hearing request. 38 C.F.R. § 20.302(b). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to receipt of the withdrawal, or (2) more than 90 days following receipt of the withdrawal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(b), 20.801. If the Veteran would like 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 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. In February 2026, the Veteran's representative submitted a motion to withdraw representation. Notably, the representative was not the Veteran's representative at the time the April 2021 Notice of Disagreement was filed. Regardless, the Board finds that good cause has been found and grants the motion for withdrawal. See 38 C.F.R. § 20.6. Entitlement to service connection for left hand injury residuals. The Veteran asserts that he fell on his left hand during training. See December 2020 VA Form 21-526EZ. Service connection may be established for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. Service connection requires evidence showing: (1) a current disability; (2) incurrence or aggravation of a disease or injury in service; and (3) a nexus between the current disability and the disease or injury incurred or aggravated in service. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303(d). Active service includes (1) active duty, (2) any period of ADT during which the individual concerned was disabled from a disease or injury incurred or aggravated in the line of duty, and (3) any period of inactive duty for training (IDT) during which the individual concerned was disabled from an injury incurred or aggravated in the line of duty or from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident which occurred during such training. 38 U.S.C. § 101(24); 38 C.F.R. § 3.6(a). A condition that results in functional impairment is considered a disability for VA purposes. Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). When there is an approximate balance the individual concerned was disabled from a disease or injury incurred or aggravated in the line of duty, and (3) any period of inactive duty for training (IDT) during which the individual concerned was disabled from an injury incurred or aggravated in the line of duty or from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident which occurred during such training. 38 U.S.C. § 101(24); 38 C.F.R. § 3.6(a). A condition that results in functional impairment is considered a disability for VA purposes. Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). When there is an approximate balance of positive and negative evidence regarding the merits of an issue, the benefit of the doubt shall be given to the veteran. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. When the evidence persuasively favors one side or the other, the benefit-of-the-doubt rule does not apply. See Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021); Ortiz v. Principi, 274 F.3d 1361, 1364 (Fed. Cir. 2001). As an initial matter, the Board notes that the Veteran's period of active duty for training has been determined to be active service. See April 2021 rating decision. The Board will proceed accordingly. During an April 2021 VA examination, the Veteran reported an onset of symptoms in 1986. He stated he currently had left little finger pain with extended use and with certain motions, such as turning a wrench. Though he denied functional loss when asked, he reported that he tends to use his hand less and did lighter, non-aggravating type activities when his pain was worse. Moreover, the examiner opined that his disability would impact job tasks requiring heavy lifting, carrying, or repetitive motion. In light of the examiner's opinion regarding the impact of the Veteran's left little finger pain in an occupational setting, the Board finds that the Veteran has a disability for VA purposes. Service treatment records (STRs) corroborate that the Veteran injured his left hand during ADT. He was found to have a benign bone cyst on his left little finger, but an x-ray showed no fracture. See August 1986 STRs. The April 2021 VA examiner opined that there was no chronic diagnosis and that benign bone cysts, as reflected in the Veteran's STRs, remain asymptomatic unless they result in a fracture of the bone, which was not present. However, this opinion is inadequate because diagnostic imaging was not completed and the examiner did not discuss the Veteran's reported pain. As a result, the opinion is assigned no probative weight. Given the Veteran's report of an onset of symptoms during ADT and his injury is corroborated by STRs, the Board will resolve reasonable doubt in his favor and find that his left little finger pain was incurred during service. As a result, service connection is warranted. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Sandler, 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.