Citation Nr: 18152090
Decision Date: 11/21/18	Archive Date: 11/20/18

DOCKET NO. 15-25 073
DATE:	November 21, 2018
REMANDED
Entitlement to an increased rating for residuals of right wrist fracture, to include the propriety of the reduction from 20 percent to 0 percent effective July 1, 2014, is remanded.
Entitlement to an increased rating for scars of the right hand, right wrist, and right hip, to include the propriety of the reduction from 10 percent to 0 percent effective July 1, 2014, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from November 1984 to October 1997.
In April 2017, the Veteran testified at a video hearing before the undersigned Veterans Law Judge.  A hearing transcript has been associated with the record.
1. Entitlement to an increased rating for residuals of right wrist fracture, to include the propriety of the reduction from 20 percent to 0 percent effective July 1, 2014, is remanded.
2. Entitlement to an increased rating for scars of the right hand, right wrist, and right hip, to include the propriety of the reduction from 10 percent to 0 percent effective July 1, 2014, is remanded.
Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159.
The record reflects that September 2018 VA wrist examination, arthritis examination, and scar examination reports were added to the record after the issuance of the December 2016 Supplemental Statement of the Case (on the issues of entitlement to increased ratings for service-connected right wrist and scar disabilities).  Thus, the December 2016 Supplemental Statement of the Case was issued prior to the completion of all development action and therefore, it did not consider the additional VA examination evidence.  Under 38 C.F.R. § 20.1304(c), the Veteran may waive his right to have any pertinent evidence submitted by him or his representative reviewed by the Agency of Original Jurisdiction (AOJ) in the first instance.  However, the VA examination evidence is not evidence submitted by the Veteran or his representative.  Therefore, the VA examination evidence must be considered by the AOJ in the first instance, and a remand is required in order to accomplish that.  38 C.F.R. §§ 19.37(b), 20.1304(c).
The matters are REMANDED for the following action:
Send the Veteran and his representative a supplemental statement of the case that addresses the issues of increased rating for service-connected right wrist and scar disabilities, to include whether the reductions in ratings were proper.  The supplemental statement of the case must consider the pertinent September 2018 VA examinations.  

 
JENNIFER HWA
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Casey, Associate Counsel