Citation Nr: 18150880
Decision Date: 11/16/18	Archive Date: 11/15/18

DOCKET NO. 15-08 783A
DATE:	November 16, 2018
REMANDED
Entitlement to a compensable rating for residuals of a fracture to the left zygoma (cheekbone) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1973 to September 1973; October 1976 to October 1979; and August 1992 to October 1992.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).
The Veteran requested a Board hearing in his Form 9 substantive appeal.  The RO scheduled a hearing and sent notice to the Veteran in July 2018.  However, he did not appear for the hearing, and the hearing request was effectively withdrawn.
Entitlement to a compensable rating for residuals of a fracture to the left zygoma (cheekbone) is remanded.
A remand is necessary for the Agency of Original Jurisdiction (AOJ) to issue a supplemental statement of the case (SSOC) to consider evidence received subsequent to the January 2015 statement of the case (SOC); specifically, a May 2015 treatment note indicating the presence of floaters and occasional photopsia of the left eye, status post cheekbone fracture.  The Board notified the Veteran of this evidence in a September 2018 waiver letter; however, the Veteran did not respond.  This letter stated that if there was no response then we will assume that you do not wish to have the Board decide your appeal at this time, and we will remand your appeal.  As such, a remand for a SSOC is necessary.
The matter is REMANDED for the following actions:
1. Obtain the Veteran’s VA treatment records for the period from May 2018 to the present.
2. After completing directive #1, issue an SSOC regarding entitlement to a compensable rating for residuals of a fracture to the left zygoma (cheekbone).
 
Paul Sorisio
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J.A. Gelber, Associate Counsel