Citation Nr: 19130294
Decision Date: 04/18/19	Archive Date: 04/17/19

DOCKET NO. 11-00 310A
DATE:	April 18, 2019

REMANDED

Entitlement to service connection for an upper back disability, to include as secondary to service-connected low back strain and a cervical spine disability, is remanded. 

Entitlement to service connection for right shoulder radiculopathy, to include as secondary to a service-connected cervical spine disability, is remanded. 

Entitlement to a higher disability rating for service-connected chronic low back strain, rated as 10 percent disabling prior to December 30, 2015, and as 20 percent disabling since, is remanded.   

REASONS FOR REMAND

The Veteran served on active duty from September 1972 to September 1974.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from June 2008 and June 2009 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO).

Since the issuance of the October 2018 supplemental statement of the case (SSOC), additional evidence pertinent to the claims on appeal has been received.  The additional evidence includes a December 2018 cervical spine VA examination and a December 2018 peripheral nerve VA examination, in addition to VA medical records dated through January 2019.  

In a March 2019 letter, the Veteran indicated that he does not waive RO consideration of this new evidence.  The Veteran has the right to have this new evidence considered by the agency of original jurisdiction (AOJ) in the first instance.  38 C.F.R. § 20.1304(c) (2018).  Accordingly, this matter must be remanded for readjudication. 

The matters are REMANDED for the following action:

The AOJ should readjudicate the issues on appeal in light of the additional evidence added to the record since the October 2018 SSOC.  If the benefits on appeal remain denied, a SSOC must be provided to the Veteran and his representative.  

 

JAMES G. REINHART

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Norah Patrick, Associate Counsel