Citation Nr: 18150815
Decision Date: 11/15/18	Archive Date: 11/15/18

DOCKET NO. 93-15 164
DATE:	November 15, 2018
ORDER
The portion of the May 1, 2018 Board decision that denied entitlement to an initial rating in excess of 10 percent prior to August 3, 2017 and a rating in excess of 20 percent from August 3, 2017, for fascial defect with degenerative joint disease (DJD), postoperative residual of the right lower extremity, is vacated.

ORDER TO VACATE
The Veteran served on active duty from January 1958 to January 1963.
On May 1, 2018, the Board issued a decision denying entitlement to an initial rating in excess of 10 percent prior to August 3, 2017 and a rating in excess of 20 percent from August 3, 2017 for fascial defect with DJD, postoperative residual of the right lower extremity. 
The Board of Veterans’ Appeals (Board) may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board’s own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence.  38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.904 (2018). 
In this case, pursuant to the Veteran’s August 2018 Motion to Partially Vacate, the Board finds that the Veteran was denied due process of law, as an error was made in the May 1, 2018 decision denying his claims. 
Specifically, prior to the issuance of the Board decision, the Veteran’s representative requested an extension of time to submit additional argument and/or evidence on April 13, 2018.  The Board did not consider the Veteran’s extension request, and he was not afforded the opportunity to present additional evidence in support of his claims on appeal 
Accordingly, due to the denial of due process to the Veteran in this matter, the May 1, 2018 Board decision denying entitlement to an initial rating in excess of 10 percent prior to August 3, 2017 and a rating in excess of 20 percent from August 3, 2017 for fascial defect with DJD, postoperative residual of the right lower extremity, is vacated.  Further, the Board grants the Veteran’s request for an additional 90 days from the date of this Order to submit argument and present additional evidence.
 
L. CHU
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. J. In, Counsel