Citation Nr: 18160713
Decision Date: 12/27/18	Archive Date: 12/27/18

DOCKET NO. 13-26 232
DATE:	December 27, 2018
REMANDED
Entitlement to an initial compensable rating prior to November 10, 2015 and in excess of 10 percent thereafter for service-connected right wrist disability is remanded. 
Entitlement to an initial rating in excess of 30 percent prior to June 5, 2018 and in excess of 20 percent thereafter for service-connected right shoulder disability is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 2000 to March 2012.
These matters come before the Board of Veterans’ Appeals (Board) on appeal of an October 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).
The issues of increased rating for right shoulder and right wrist disabilities were previously remanded by the Board in October 2015 for further development.  The issue of service connection for low back disability was also addressed by the Board in October 2015 and remanded for further development.  However, during the pendency of the appeal, the RO granted service connection for the low back disability in a November 2015 rating decision.  Thus, the grant of service connection for low back disability constitutes a full grant of the service connection benefit sought, and this issue is not before the Board.  
Also, during the November 2015 rating decision, the RO increased the evaluation for the right wrist disability from 0 percent to 10 percent, effective November 10, 2015, and increased the evaluation for the right shoulder disability from 0 percent to 30 percent, effective November 10, 2015.  Thereafter, in a June 2018 rating decision, in part, the RO decreased the right shoulder disability evaluation from 30 percent to 20 percent, effective June 5, 2018.  As higher disability ratings are available for the Veteran’s right wrist and right shoulder disabilities, the claim for higher disability ratings for these disabilities remain viable on appeal.  AB v. Brown, 6 Vet. App. 35, 38 (1993).
Entitlement to an initial compensable rating prior to November 10, 2015 and in excess of 10 percent thereafter for service-connected right wrist disability is remanded.
Entitlement to an initial rating in excess of 30 percent prior to June 5, 2018 and in excess of 20 percent thereafter for service-connected right shoulder disability is remanded. 
Evidence relevant to the Veteran’s claims was received by the AOJ subsequent to the issuance of the November 2015 supplemental statement of the case without waiver of AOJ review.  See 38 C.F.R. §§ 19.37, 20.1304 (2017).
Accordingly, the Board sent a letter to the Veteran and his representative in August 2018 advising them of this and affording them the opportunity to submit a waiver of AOJ.  The letter stated that the Veteran or his representative had 45 days to respond or the claims would be remanded to the AOJ for review.  The 45 days have passed, and neither the Veteran nor his representative has responded.  The Board will thus return the claims for AOJ review of evidence received after the November 2015 supplemental statement of the case.  
The matters are REMANDED for the following action:
Review all evidence received since the November 2015 supplemental statement of the case and readjudicate the Veteran’s claims on appeal.  If any claim on appeal remains denied, the Veteran and his representative should be furnished a supplemental statement of the case and be afforded the opportunity to respond.  Thereafter, the case should be returned to the Board for appellate review, if in order.
 
S. HENEKS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Cheng, Associate Counsel