Citation Nr: 20004469
Decision Date: 01/21/20	Archive Date: 01/21/20

DOCKET NO. 15-08 161
DATE: January 21, 2020

REMANDED

Entitlement to an initial compensable rating for left hand fourth metacarpal status post fracture is remanded.   

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from January 2004 to September 2004, from January 2005 to November 2005, and from December 2007 to January 2009, to include service in Southwest Asia.  His decorations include the Iraq Campaign Medal.  

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina.  

The issue on appeal was previously before the Board in September 2018, when it was remanded to the agency of original jurisdiction (AOJ) for additional development.

In addition to the issue addressed herein, the Veteran has also perfected an appeal with respect to other issues.  According to the Board’s electronic database (the Veterans Appeals Control and Locator System (VACOLS)), those issues are not yet ready for review.  As such, they will be the subject of a separate Board decision.

Entitlement to an initial compensable rating for left hand fourth metacarpal status post fracture is remanded.   

It appears that the issue on appeal was prematurely returned to the Board’s docket.  The AOJ has not yet completed action on the directives in the September 2018 remand, to include obtaining a new examination.  As such, it must be returned to the AOJ.

This matter is REMANDED for the following action:

After completing action on the directives contained in the Board’s September 2018 remand, and any other development as may be indicated, the issue on appeal should be readjudicated based on the entirety of the evidence.  If the benefit sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case.  An appropriate period of time should be allowed for response. 

 

DAVID A. BRENNINGMEYER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Smith, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.