Citation Nr: 18141960
Decision Date: 10/12/18	Archive Date: 10/12/18

DOCKET NO. 16-18 486
DATE:	October 12, 2018
REMANDED
Entitlement to an initial compensable disability rating for residuals, left hip stress fracture, limitation of flexion is remanded.
Entitlement to an initial disability rating in excess of 10 percent for residuals, left hip stress fracture is remanded.
Entitlement to initial compensable disability rating for residuals, left tibia stress fracture is remanded.
Entitlement to a disability rating in excess of 70 percent for unspecified depressive disorder (claimed as major depression, anxiety, panic attacks, seeing things) is remanded.
Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from May 2013 to January 2014.
Applicable VA regulations require that pertinent evidence submitted by the Veteran must be referred to the agency of original jurisdiction for review and preparation of a supplemental statement of the case (SSOC) unless this procedural right is waived in writing by the Veteran. 38 C.F.R. §§ 19.37.  If the evidence is received prior to transfer of the case to the Board, a waiver request is not appropriate and the case must be remanded for a supplemental statement of the case (SSOC).  38 C.F.R. §§ 19.31 & 19.37(a).
Here, a statement of the case (SOC) was issued on April 7, 2016.  Subsequently, VA treatment records from the CAPRI system, that are potentially relevant to the issues on appeal, were posted to the Veteran’s claims file.  The RO then certified the appeal to the Board.  As such, a remand is triggered.
On remand, the RO must review the new evidence and, if the claim remains denied, include such evidence in a supplemental statement of the case.  Id. 
The matters are REMANDED for the following action:
Readjudicate the Veteran's claim, to include consideration of any evidence received since the April 2016 SOC

 
MATTHEW W. BLACKWELDER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. I. Sims, Associate Counsel