Citation Nr: 18161029
Decision Date: 12/28/18	Archive Date: 12/28/18

DOCKET NO. 16-48 549
DATE:	December 28, 2018

REMANDED

A rating in excess of 10 percent for right hip arthropathy.

A rating in excess of 20 percent for right ankle fracture, status/post open reduction and internal fixation (ORIF) and arthroscopic surgery, to include whether the reduction of the rating from 20 percent to 10 percent effective December 6, 2017 was proper. 

A rating in excess of 10 percent for right ankle scars with several arthroscopic puncture wounds.

A rating in excess of 50 percent for posttraumatic stress disorder (PTSD).

An effective date earlier than August 21, 2013, for the grant of a 50 percent rating for PTSD.

An effective date earlier than August 21, 2013, for the grant of a 10 percent rating for right ankle scars with several arthroscopic puncture wounds.

REASONS FOR REMAND

In a January 2018 rating decision, the RO reduced the rating for service-connected fractured right ankle from 20 percent to 10 percent effective December 6, 2017. The one-year period in which the Veteran has to file a timely notice of disagreement with the reduction has not yet expired. However, as he clearly wants a rating higher than 20 percent for his fractured right ankle, the increased rating issue on appeal is characterized to include the reduction as indicated on the title page of this remand. 

After the statement of the case (SOC) was issued in September 2016, additional relevant VA treatment records, vocational rehabilitation records, and a December 2017 VA ankle examination (which addresses the right ankle scars) were added to the claims file. No supplemental statement of the case (SSOC) was issued subsequently. 

Thus, the SOC was issued prior to the completion of all claim development action by the Agency of Original Jurisdiction and therefore, the adjudication did not consider the additional VA vocational rehabilitation, VA examination and VA treatment record evidence. Therefore, this 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 actions:

1. Review the record, including all newly acquired evidence since the September 2016 SOC, including the December 2017 VA ankle examination report and VA treatment records added to the record in 2017 and 2018, and vocational rehabilitation records added to the record in 2017, and readjudicate the claims. 

2. If any benefits sought on appeal remains denied, provide a supplemental statement of the case to the Veteran and his representative, and an appropriate period 

 

of time in which to respond. Then, return the appeal to the Board for appellate review.



 

 L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	E. Redman, Counsel