Citation Nr: 18142939
Decision Date: 10/17/18	Archive Date: 10/17/18

DOCKET NO. 15-35 451A
DATE:	October 17, 2018
REMANDED
Entitlement to an initial compensable rating prior to March 3, 2018, and in excess of 10 percent from that date for mild diffuse degenerative joint disease of the right hand (index finger) is remanded.
Entitlement to an initial rating in excess of 10 percent for low back strain with mild scoliosis is remanded.
REASONS FOR REMAND
The Veteran, who is the appellant, served on active duty from August 1984 to August 1987.  
While the Board regrets further delay, the Veteran’s claims of entitlement to increased ratings for mild diffuse degenerative joint disease of the right hand (index finger) and low back strain with scoliosis must be remanded for additional development.
Appellants are entitled to a review of claims denied by VA. 38 U.S.C. § 7104(a). This review is performed by the Board and must be based on the entire record and upon consideration of all evidence and material of record.  Id.  Simply put, appellants are entitled to a second look at all evidence and decisions made by VA. 
There are limited exceptions to this general principle.  For example, appellants can waive initial review of evidence by the agency of original jurisdiction (AOJ) and allow the Board to issue a decision based in part on evidence that has not been reviewed by the AOJ.  See 38 C.F.R. § 20.1304.  
In this case, additional evidence was added to the claims file by VA since the last statement of the case (SOC) in September 2015, including VA treatment records and examinations dated in April 2018.  No supplemental statement of the case was issued after the submission of these VA records, nor has any waiver of any additional evidence been submitted by the Veteran or his representative, although a request for a waiver was made in August 2018.  As such, remand is required so that this new evidence can be reviewed by the AOJ in the first instance.  38 U.S.C. § 7105; 38 C.F.R. § 19.31.  Notably, in the August 2018 correspondence, the Veteran was advised that if he did not respond within 45 days from the date of that letter, it would be assumed that he did not wish for the Board to decide his appeal at that time, and his appeal would be remanded to the AOJ for review.  The Veteran did not respond to the August 2018 correspondence.







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The matters are REMANDED for the following action:
Review the additional evidence added to the record since the September 2015 statement of the case, complete any development deemed necessary in light of the new evidence, and readjudicate the claim on appeal. 
 
A. ISHIZAWAR
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Joseph P. Gervasio