Citation Nr: 20005022
Decision Date: 01/22/20	Archive Date: 01/22/20

DOCKET NO. 18-22 247
DATE: January 22, 2020

REMANDED

Entitlement to a compensable initial disability rating for right-hand fracture residuals of the 2nd metacarpal is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 2001 to August 2003.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2017 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).

Residuals of right-hand fracture of the 2nd metacarpal is remanded.

This issue must be remanded for additional development. Appellants are entitled to initial review by the Agency of Original Jurisdiction (AOJ) of evidence added to the file by VA, and waiver of such review may not be presumed. See 38 C.F.R. § 20.1304. Here, additional evidence has been added to the file by VA since the Statement of the Case (SOC) was issued in April 2018. Notably, additional VA treatment records were added to the record that document complaints of right-hand pain as recent as January 2019. 

A letter was sent to the Veteran offering the option to a waiver of initial AOJ consideration. In December 2019, the Veteran requested a remand of the claim. Therefore, the appeal must be remanded so that SSOC may be issued that considers all evidence of record. 38 C.F.R. §§ 19.37(b), 20.1304(c).

The matters are REMANDED for the following action:

The Veteran’s claims should be readjudicated based on the entirety of the evidence. If the benefit sought on appeal is not granted, the Veteran should be provided a Supplemental Statement of the Case (SSOC) and afforded the requisite opportunity to respond before the case is remanded to the Board. For the issue on appeal, the SSOC should consider any new evidence received since the last Statement of the Case (SOC).

 

 

M. Donohue

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. V. Palatt, 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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.