Citation Nr: 20005453
Decision Date: 01/22/20	Archive Date: 01/22/20

DOCKET NO. 16-34 748
DATE: January 22, 2020

REMANDED

Entitlement an initial compensable disability rating for the service-connected residuals of a fracture of the right fourth metacarpal is remanded.

Entitlement to an initial compensable disability rating for the service-connected migraines is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 2005 to October 2012, to include service in Southwest Asia.  The Veteran died in April 2018, and the Appellant has been substituted as the legal guardian of his surviving child.  

This matter comes before the Board of Veterans’ Appeals (Board) from an April 2014 rating decision in which the Department of Veterans Affairs (VA) Regional Office (RO) granted service connection, and awarded noncompensable evaluations, for residuals of a fracture of the right fourth metacarpal and migraines.  

While the Board regrets further delay, the appeal must be remanded to the Agency of Original Jurisdiction (AOJ) for further development. Evidence received by the AOJ prior to transfer of the records to the Board will be referred to the appropriate rating or authorization activity for issuance of a Supplemental Statement of the Case unless the additional evidence received duplicates evidence previously of record which was discussed in the Statement of the Case (SOC) or a prior Supplemental Statement of the Case (SSOC) or the additional evidence is not relevant to the issue on appeal. 38 C.F.R. § 19.37(a); 38 C.F.R. § 19.31(b)(1).  

In this case, the SOC was issued in May 2016.  Since that time, additional evidence relevant to the issue on appeal was added to the file by VA, to include VA examinations.  The appeal was transferred to the Board thereafter.  The appeal must be remanded so that an SSOC may be issued that considers all evidence of record. Accordingly, these matters are REMANDED for the following action:

Review the additional evidence added to the record since the May 2016 SOC as to the issues of entitlement to initial compensable ratings for the service-connected residuals of a fracture to the right fourth metacarpal and the service-connected migraines, complete any development deemed necessary in light of the new evidence, and readjudicate these claims on appeal. 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Scarduzio, 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.