Citation Nr: 20009722 Decision Date: 02/06/20 Archive Date: 02/05/20 DOCKET NO. 19-03 856 DATE: February 6, 2020 REMANDED Entitlement to an initial disability rating in excess of 10 percent for the periods of May 31, 2014, until August 19, 2015; March 1, 2016, until November 20, 2017; and February 1, 2018, until the present for service-connected right wrist disability. REASONS FOR REMAND The Veteran served on active duty in the United States Army from April 2013 to May 2014. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a March 2015, August 2015, March 2016, and January 2019 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran’s right wrist disability was service-connected effective May 31, 2014, as right wrist disuse osteopenia status post right navicular bone fracture status post surgical fusion with old unfused chip fracture off of the distal tip of the ulnar styloid processes. The Veteran was assigned a disability rating of 10 percent under 38 C.F.R. § 4.71a, Diagnostic Code 5215, for limitation of motion of the wrist. During the course of development for the Veteran’s increased rating claim, the Veteran was awarded temporary disability rating of 100 percent based on surgical or other treatment necessitating convalescence for the periods of August 20, 2015, through February 29, 2016; and November 21, 2017, through January 31, 2018. As such, these periods have been excluded from the Veterans increased rating claim. Regrettably, additional development is necessary before the issue on appeal can be adjudicated. Following the issuance of the statement of the case (SOC) in January 2019, additional evidence pertinent to the Veteran’s increased rating claim for his right wrist disability was added to the file by the VA, including a VA examination for wrist conditions conducted in February 2019. This evidence was not reviewed by the agency of original jurisdiction (AOJ), and no supplemental statement of the case (SSOC) was provided. As this evidence was not added by the Veteran, automatic waiver of AOJ review does not apply. On December 10, 2019, the Board notified the Veteran and his representative that additional pertinent evidence was added to the record since the issuance of the January 2019 SOC and his appeal would be remanded unless he waived AOJ review of this evidence within 45 days. See 38 C.F.R. § 19.31. Neither the Veteran or his representative has replied to the Board's letter. Therefore, the Board finds that a remand is required for the AOJ to review this evidence and readjudicate the claim. Id. While the appeal is in remand status, any outstanding VA and private treatment records should also be obtained and associated with the claims file. See 38 U.S.C. § 5103A (b). The matter is REMANDED for the following action: 1. Obtain the Veteran’s updated VA treatment records and associate them with the evidence of record. If possible, the Veteran himself should submit these records (if any), and any other new treatment for this problem, himself, to expedite the case. Any assistance on this issue would be appreciated. 2. The AOJ should review all evidence received since the January 2019 SOC. After completion of the aforementioned, the AOJ should readjudicate the claim for entitlement to an increased rating for a right wrist disability. If the benefit sought on appeal is not granted, then the AOJ should provide the Veteran with a SSOC and afford him the appropriate opportunity to respond thereto. Thereafter, the case must be returned to the Board for further appellate review. John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. E. VanValkenburg, 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.