FINGER IMPAIRMENT OF

STEVEN D. REISS · 2026 · Case ID: A26040627

GRANTED

Summary

The veteran, who served in the U.S. Navy from September 2013 to September 2017, appeals the reduction of his disability ratings for two conditions affecting his left hand: swan neck deformity with open tuft fracture of the distal phalanx due to crush injury of the index finger, and swan neck deformity of the long finger. The veteran sought restoration of his prior 10 percent ratings for each condition, which had been reduced to noncompensable (0 percent) ratings in November 2022, effective February 1, 2023. The Board reviewed the evidence, including VA examinations from December 2021 and February 2022, which noted painful motion in both fingers but also indicated no objective evidence of localized tenderness or pain on passive range of motion, and that the conditions had remained the same since 2015. The veteran testified at a Board hearing in April 2026 that his conditions had not improved, he still experienced pain and limitations, and had undergone surgery on one finger. The Board found the veteran's testimony credible and, upon reviewing the treatment records and examinations, concluded there was no actual improvement in either disability or the veteran's ability to function under ordinary conditions. Consequently, the Board restored the 10 percent ratings for both conditions, effective February 1, 2023, constituting a complete grant of the appeal.

Rationale

No actual improvement in disability; No actual improvement in ability to function under ordinary conditions; Painful motion documented in prior exams; Veteran's testimony credible

Service Branch

NAVY

Special Benefit

NO SPECIAL BENEFIT

Docket No.

220920-296196

Full Decision Text

Citation Nr: A26040627
Decision Date: 04/30/26 Archive Date: 04/30/26

DOCKET NO. 220920-296196
DATE: April 30, 2026

ORDER

Restoration of a 10 percent rating for left hand index finger swan neck deformity with open tuft fracture of the distal phalanx due to crush injury, effective February 1, 2023, is granted.

Restoration of a 10 percent rating for left hand long finger swan neck deformity, effective February 1, 2023, is granted.

FINDINGS OF FACT

1. The evidence of record does not show actual improvement in the Veteran's left hand index finger swan neck deformity with open tuft fracture of the distal phalanx due to crush injury, as to his ability to function under the ordinary conditions of life and work for the period on appeal from February 1, 2023.

2. The evidence of record does not show actual improvement in the Veteran's left hand long finger swan neck deformity, as to his ability to function under the ordinary conditions of life and work for the period on appeal from February 1, 2023.

CONCLUSIONS OF LAW

1. Restoration of the 10 percent rating for left hand index finger swan neck deformity with open tuft fracture of the distal phalanx due to crush injury, effective February 1, 2023, is warranted. 38 U.S.C. § 1155; 38 C.F.R. § 3.344, 3.105(e).

2. Restoration of the 10 percent rating for left hand long finger swan neck deformity, effective February 1, 2023, is warranted. 38 U.S.C. § 1155; 38 C.F.R. § 3.344, 3.105(e).

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Navy from September 2013 to September 2017.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from what was identified as a July 2022 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) arising from a February 2022 claim.

In September 2022, the Veteran submitted a VA Form 10182 Notice of Disagreement (NOD) indicating disagreement with the July 2022 rating decision under the Appeals Modernization Act (AMA) framework, electing the Board's Hearing docket, citing the reduction in ratings for these two conditions, from 10 percent to noncompensable.

Here, it is noted that the July 2022 rating decision contained proposed reductions from 10 percent to noncompensable for left hand index finger swan neck deformity with open tuft fracture of the distal phalanx due to crush injury, and left hand long finger swan neck deformity. In a November 2022 rating decision, the RO reduced the ratings for each of these two conditions, from 10 percent to noncompensable, effective February 1, 2023.

As to claims for restoration of ratings, the Board emphasizes that an appeal regarding the reduction of a rating must address only the propriety of the reduction, and not whether a veteran is entitled to a higher rating. Dofflemyer v. Derwinski, 2 Vet. App. 277, 279-80 (1992).

In April 2026, a hearing was held before the undersigned Veterans Law Judge at which the Veteran testified. The Board may only consider the evidence of record at the time of the notification of the agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a).

At the hearing, it was noted that the Veteran's VA form 10182 indicates disagreement with the July 2022 rating decisions wherein the RO proposed to reduce the ratings for these conditions from 10 to 0, but the reductions were effectuated in a November 2022 rating decision. At the hearing, the Veteran indicated he disagreed with the actual reductions from 10 to 0 in the November 2022 rating decision, not the proposed reductions in the July 2022 rating decision. The Board interprets the Veteran's statements as a motion to modify his VA Form 10182 pursuant to 38 C.F.R. 20.203(c) to reflect his intention to appeal the AOJ's November 2022 rating decision that reduced the ratings for these issues from 10 to 0,
82 indicates disagreement with the July 2022 rating decisions wherein the RO proposed to reduce the ratings for these conditions from 10 to 0, but the reductions were effectuated in a November 2022 rating decision. At the hearing, the Veteran indicated he disagreed with the actual reductions from 10 to 0 in the November 2022 rating decision, not the proposed reductions in the July 2022 rating decision. The Board interprets the Veteran's statements as a motion to modify his VA Form 10182 pursuant to 38 C.F.R. 20.203(c) to reflect his intention to appeal the AOJ's November 2022 rating decision that reduced the ratings for these issues from 10 to 0, effective February 1, 2023. Good cause having been shown, the Board grants the Veteran's motion. Id.

Also at the April 2026 Board hearing, the Veteran testified his appeal would be satisfied in its entirety with restoration of the 10 percent ratings for each of these conditions from February 1, 2023. While a Veteran is presumed to be seeking the maximum possible benefit, he [she] is free to limit the scope of his appeal. AB v. Brown, 6 Vet. App. 35, 39 (1993) (a claimant may limit an appeal to particular issues with expression of clear intent to do so). The testimony specifically clarified that this restoration would represent a complete grant of benefits sought on appeal based on the theory that there was no improvement under the ordinary conditions of life. This decision is thus fully favorable to the Veteran, and the Board will adjudicate this appeal.

The Board notes the subsequent favorable February 2026 rating decision granting a 10 percent rating for left hand long finger swan neck deformity effective January 21, 2025.

The Board finds that TDIU is not part and parcel of this appeal, as the record is replete with reference to the fact that the Veteran is working and he clarified at the hearing he had been working at Amazon delivering packages but now worked as a registered nurse. See Rice v. Shinseki, 22 Vet. App. 447 (2009).

Restoration and Rating Criteria

Disability evaluations are determined by the application of a schedule of ratings that is based on the average impairment of earning capacity. Separate diagnostic codes identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R., Part 4.

Where there is a question as to which of two disability evaluations shall be applied, the higher evaluation is to be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating is to be assigned. 38 C.F.R. § 4.7. The Veteran's entire history is reviewed when making disability evaluations. See Schafrath v. Derwinski, 1 Vet. App. 589 (1995).

Separate ratings may be assigned for separate periods of time based on the facts found. This practice is known as "staged" ratings." Fenderson v. West, 12 Vet. App. 119, 126-127 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007).

The percentage evaluation of a service-connected condition may be reduced when VA receives evidence that the condition has become less disabling. 38 C.F.R. § 3.105 (e). A claim stemming from a rating reduction action is a claim for restoration of the prior rating, not a claim for an increased rating. Peyton v. Derwinski, 1 Vet. App. 292 (1991); Dofflemyer v. Derwinski, 2 Vet. App. 277, 280 (1992).

In Stern v. McDonough, 34 Vet. App. 51 (2021), the Court reiterated that in any rating-reduction case not only must it be determined that an improvement in a disability has actually occurred but also that the improvement actually reflects an improvement in the veteran's ability to function under the ordinary conditions of life and work. Id.

Here, there are two parts to the substantive legal test for reviewing whether a reduction in rating was proper: whether there was an actual improvement in the disability; and whether there was an actual improvement in the veteran's ability to function under the ordinary conditions of life and work. Id.

1. Restoration of a 10 percent rating for left hand index finger swan neck deformity with open tuft fracture of the distal phalanx due to crush injury, effective February 1, 2023, is granted.

2. Restoration of a 10 percent rating for left hand long finger swan neck deformity, effective February
an improvement in the veteran's ability to function under the ordinary conditions of life and work. Id.

1. Restoration of a 10 percent rating for left hand index finger swan neck deformity with open tuft fracture of the distal phalanx due to crush injury, effective February 1, 2023, is granted.

2. Restoration of a 10 percent rating for left hand long finger swan neck deformity, effective February 1, 2023, is granted.

In April 2026, the Veteran testified before the undersigned that he experienced no improvement as to left hand index finger swan neck deformity with open tuft fracture of the distal phalanx due to crush injury or left hand long finger swan neck deformity as of February 1, 2023, under the ordinary conditions of life and work and that the symptoms have been uniformly consistent with the 10 percent rating based on painful motion in each of these fingers at all times relevant to the appeal.

The Veteran testified that he was no longer delivering packages for Amazon but now works as a registered nurse. His symptoms are ongoing, there is no improvement and one finger has even required surgery. It is difficult for him to type, he has to take a lot of breaks. His hands seize up when he with use. He is limited as to what he can lift and carry.

The Veteran filed a claim in October 2021 (following a September 2021 intent to file) which resulted in the RO granting 10 percent ratings each for the swan neck deformity, with open Tuft fracture 2nd finger (index finger, distal phalanx) due to crush injury left hand effective September 16, 2021, and swan neck deformity 3rd (long or middle) finger, effective September 16, 2021, in a January 2022 rating decision. The rating decision cited to a December 2021 VA hand and fingers examination which noted painful motion of both the left hand index and long fingers in support of the 10 percent ratings, both rated under Diagnostic Code 5299. That examination reflects the conditions as to each finger have stayed the same since 2015 but noted no objective evidence of localized tenderness or pain on palpation of the joint or associated soft tissue on passive ROM. The examiner concluded that there was no change in the service-connected diagnosis and no additional diagnoses have been rendered. Here, it is noted that the examiner declined to select the assessment that the service-connected diagnoses had resolved.

The Veteran filed a claim for increased rating in February 2022. VA hand and fingers examination in February 2022 again reflects the conditions as to each finger have stayed the same since 2015 but noted no objective evidence of localized tenderness or pain on palpation of the joint or associated soft tissue. The examiner concluded that there is no change in the service-connected diagnosis and no additional diagnoses have been rendered. Here, it is noted that the examiner declined to select the assessment that the service-connected diagnoses had resolved.

In the July 2022 rating decision, the RO proposed decreased evaluations of these two fingers from 10 to 0, effective February 1, 2023, based on evidence the RO stated showed the conditions had improved. The RO cited VA examination in February 2022 which it noted showed a disability with no limitation of the either the long or index finger. The reduction was effectuated in the November 2022 rating decision with the RO noting that there was disability with no limitation of either finger.

As noted above, the Veteran testified at the April 2026 hearing that his two fingers have not improved, and he still has considerable pain, experiences limitation, and has required medical intervention for the conditions.

Upon review of the evidence, with specific emphasis on the sustained level of impairment documented in the relevant examination and treatment records, in conjunction with the Veteran's testimony before the undersigned, and his statements to include for purposes of examination and treatment, the Board finds that there was no actual improvement in either of these disabilities and no actual improvement in the Veteran's ability to function under the ordinary conditions of life and work due to this condition and restores the 10 percent ratings from September 1, 2023.

Specifically, the Board notes that prior to the reduction, a 10 percent rating for left hand index finger swan neck deformity with open tuft fracture of the distal phalanx due to crush injury, was effective from September 16, 2021, under DC
on the sustained level of impairment documented in the relevant examination and treatment records, in conjunction with the Veteran's testimony before the undersigned, and his statements to include for purposes of examination and treatment, the Board finds that there was no actual improvement in either of these disabilities and no actual improvement in the Veteran's ability to function under the ordinary conditions of life and work due to this condition and restores the 10 percent ratings from September 1, 2023.

Specifically, the Board notes that prior to the reduction, a 10 percent rating for left hand index finger swan neck deformity with open tuft fracture of the distal phalanx due to crush injury, was effective from September 16, 2021, under DC 5229. The rating was based on painful motion of the index finger. A 10 percent rating for left hand long finger swan neck deformity, was effective from September 16, 2021, also under DC 5229. The rating was based on painful motion of the long finger. See 38 C.F.R. § 4.71a, DC 5229.

The Board has reviewed the record to include the treatment records and concludes that there was no improvement in the Veteran's ability to function under the ordinary conditions of life and work.

The 10 percent ratings under DC 5229 for left hand index finger swan neck deformity with open tuft fracture of the distal phalanx due to crush injury, and left hand long finger swan neck deformity, are thus restored effective February 1, 2023.

The Board's restoration of the ratings constitutes a complete grant of the Veteran's appeal.

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Nancy Rippel

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.

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