Citation Nr: 18157137
Decision Date: 12/11/18	Archive Date: 12/11/18

DOCKET NO. 17-27 321
DATE:	December 11, 2018
REMANDED
Entitlement to a rating higher than 10 percent for right shoulder strain with mild degenerative changes at the acromioclavicular (AC) joint is remanded.
REASONS FOR REMAND
The Veteran served on active duty from February 2007 to June 2010.
This appeal comes to the Board of Veterans’ Appeals (Board) from a July 2015 rating decision of the Department of Veterans Affairs (VA) Evidence Intake Center (RO) in Newnan, Georgia.  By that rating action, the RO denied a disability rating increase for the Veteran’s right shoulder strain with mild degenerative changes at the AC joint (right shoulder disability), for which the Veteran was 10 percent service-connected with a June 2010 effective date.  The Veteran appealed the July 2015 rating action and the RO’s determination therein to the Board. 
Entitlement to a rating higher than 10 percent for right shoulder disability is remanded
As a preliminary matter, the Board notes that in September 2016, the Veteran timely perfected an appeal (via VA Form 9) to the July 2016 statement of the case.  Thus, this issue was properly in appellate status.
In March 2017, the Veteran was provided an additional VA examination for his right shoulder.  Given the issue of entitlement to an increased rating for right shoulder disability was in appellate status and the case had not yet been certified to the Board, due process required the issuance of a supplemental statement of the case (SSOC).  See 38 C.F.R. § 20.904 (providing that a denial of due process of law will be conceded when, in pertinent part, a required SSOC was not provided).  Accordingly, the Board finds the claim must be remanded to the Agency of Original Jurisdiction (AOJ) for issuance of an SSOC.  
The matter is REMANDED for the following action:
Issue the Veteran and his attorney a supplemental statement of the case, which includes consideration of the evidence added to the record since the July 2016 statement of the case.

 
THOMAS H. O'SHAY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Trowers, Associate Counsel