Citation Nr: 18142548
Decision Date: 10/17/18	Archive Date: 10/16/18

DOCKET NO. 16-30 830
DATE:	October 17, 2018
REMANDED
Entitlement to a rating in excess of 60 percent for post-phlebitic syndrome of the left leg is remanded.
REASONS FOR REMAND
The Veteran had active duty service from May 1976 to July 1986.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a March 2015 rating decision.
The record reflects that the Veteran requested a hearing before a Decision Review Officer (DRO) which was scheduled for March 2018, but that he subsequently cancelled the hearing.    
1. Entitlement to a rating in excess of 60 percent for post-phlebitic syndrome of the left leg is remanded.
The Veteran was issued a Statement of the Case (SOC) in connection with his claim for an increased rating in June 2016.  Thereafter, a March 2018 VA artery and veins conditions examination report was associated with the Veteran’s claims file which included findings pertaining to the service-connected post-phlebitic syndrome of the left leg.  This examination report was not submitted by the Veteran and therefore there is no basis for a waiver under 38 C.F.R. § 20.1304(c).  Thus, this claim must be returned to the RO for consideration of the March 2018 VA artery and veins conditions examination report, and issuance of a Supplemental Statement of the Case (SSOC) as warranted.
The matter is REMANDED for the following action:
1. The issue of entitlement to a rating in excess of 60 percent for post-phlebitic syndrome of the left leg should be readjudicated by the AOJ with consideration of all evidence added to the file since the issuance of the June 2016 SOC, to include the report of the March 2018 VA artery and veins conditions examination.
2. If the benefit sought on appeal is not granted to the fullest extent, the Veteran and his representative should be furnished a SSOC and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review.
 
U. R. POWELL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Henriquez, Counsel