Citation Nr: 20043713
Decision Date: 06/29/20	Archive Date: 06/29/20

DOCKET NO. 18-00 487
DATE: June 29, 2020

REMANDED

A rating in excess of 10 percent for radiculopathy of the left lower extremity (LLE).

A rating in excess of 10 percent for a gastrointestinal (GI) disorder.

A rating in excess of 20 percent for lumbago.

The application to reopen a claim of service connection for a left hip cyst. 

An effective date prior to October 21, 2009, for the grant of service connection for lumbago.

An effective date prior to October 21, 2009, for the grant of service connection for a GI disorder.

REASONS FOR REMAND

In November 2017, a statement of the case (SOC) was issued regarding the issues on appeal.  Subsequently, in February and July 2018, VA medical records were obtained and associated with the claims file; however, no supplemental SOC (SSOC) was issued.

In December 2019, the Board sent the Veteran a letter providing her with an opportunity to waive Agency of Original Jurisdiction (AOJ) review.  The letter indicated that if she did not respond in a timely manner, the Board would assume that she did not want her claims adjudicated and would send the case to the AOJ for further review.  As she did not respond to the December 2019 letter, a remand is necessary for the issuance of a new SSOC that considers all additional evidence submitted.  

The matters are REMANDED for the following actions:

1. Identify and obtain any pertinent, outstanding VA and private treatment records not already of record and associate them with the claims file. 

2. Issue an SSOC addressing the Veteran’s claims on appeal, including consideration of VA medical records submitted in February and July 2018, and any other evidence added to the record.  

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.