Citation Nr: 20021658 Decision Date: 03/26/20 Archive Date: 03/26/20 DOCKET NO. 17-12 041 DATE: March 26, 2020 REMANDED Entitlement to service connection for right knee pain is remanded. Entitlement to service connection for a right shoulder condition is remanded. Entitlement to service connection for gum disease and jaw clicking is remanded. Entitlement to an initial disability rating in excess of 70 percent for service-connected mood disorder is remanded. Entitlement to an earlier effective date for the grant of entitlement to service connection for a mood disorder is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1966 to November 1968. These matters come before the Board of Veterans’ Appeals (Board) on appeal from March 2013 and April 2015 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO). The issues of entitlement to service connection for right knee pain, right shoulder condition, gum disease and jaw clicking were previously remanded by the Board in February 2019. The Board instructed the RO to conduct additional development regarding the claims. There was substantial compliance with the Board’s remand directives. See Stegall v. West, 11 Vet. App. 268 (1998); Dyment v. West, 13 Vet. App. 141, 146-47 (1999). In an August 2019 decision, the Board vacated the portion of its February 2019 decision that remanded the Veteran’s claims of entitlement to an increased disability rating and earlier effective date for service-connected mood disorder. The Board instructed the RO to seek clarification from the Veteran regarding whether he wished to remain in the Rapid Appeals Modernization Program (RAMP) based on his opt-in request submitted on September 18, 2018, or if he wished his claims to be processed under the legacy appeal system. There was substantial compliance with the Board’s remand directives. The Veteran submitted letters on September 14, 2019 and September 18, 2019 stating that he wanted all of his claims to remain under the legacy appeal system. 1. Entitlement to service connection for right knee pain is remanded. 2. Entitlement to service connection for a right shoulder condition is remanded. 3. Entitlement to service connection for gum disease and jaw clicking is remanded. 4. Entitlement to an initial disability rating in excess of 70 percent for service-connected mood disorder is remanded. 5. Entitlement to an earlier effective date for the grant of entitlement to service connection for a mood disorder is remanded. 6. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. On February 12, 2020, the Veteran’s representative requested a 90-day extension to submit additional evidence. Despite the current claims already being on appeal and certified to the Board under the legacy appeal system, the Veteran submitted a Decision Review Request requesting Higher-Level Review on February 25, 2020 regarding the claims of service connection for right knee pain, right shoulder condition, gum disease and jaw clicking, and other issues not currently before the Board. On an Additional Evidence Response Form received February 27, 2020, the Appellant requested remand to have the Agency of Original Jurisdiction (AOJ) review the new evidence submitted in support of the appeal. He did not specify whether the request is applicable to specific claims or all claims on appeal. As such, remand is required for the Agency of Original Jurisdiction (AOJ) to consider recently submitted evidence. The matters are REMANDED for the following action: 1. Review the evidence of record and readjudicate the issues on appeal. If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. Cynthia M. Bruce Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Miller, 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.