Citation Nr: 18148760
Decision Date: 11/08/18	Archive Date: 11/08/18

DOCKET NO. 16-44 560
DATE:	November 8, 2018
REMANDED
A disability rating greater than 10 percent for residuals of right ankle sprain, status post surgical repair with recurrent ankle instability, is remanded.
A compensable rating for surgical scar of the right ankle associated with residuals of right ankle sprain, status post surgical repair with recurrent ankle instability is remanded.
REASONS FOR REMAND
The Veteran served on active duty for training in the United States Army from May 2011 to October 2011, with additional National Guard service.
During the pendency of this appeal, the Veteran submitted multiple claims seeking temporary total evaluations due to convalescence following right ankle surgeries.  As such, she is currently in receipt of a 100 percent rating for this disability from October 29, 2015 to October 31, 2015; September 1, 2017 to October 31, 2017; and August 6, 2018 to September 30, 2018.  As this represents the maximum evaluation available and the Veteran has not expressed dissatisfaction with these ratings as assigned, these periods are not for the Board’s consideration at this time.
However, the Veteran submitted significant pertinent evidence in her pursuit of the above claims that have not yet been assessed by the Agency of Original Jurisdiction (AOJ) as it pertains to the pending appeals.  As such, a remand is now warranted such that this evidence may be considered in a Supplemental Statement of the Case (SSOC).
The matters are REMANDED for the following action:
Readjudicate the issues on appeal.  If the benefits sought remain denied, issue an SSOC to the Veteran and her representative and provide an appropriate period for response.
 
Evan Deichert
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Kovarovic, Associate Counsel