Citation Nr: 21002097
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 15-11 968
DATE: January 12, 2021

REMANDED

Entitlement to an initial compensable disability rating for residuals of a right tibia stress fracture is remanded.

Entitlement to an initial compensable disability rating for residuals of a left tibia stress fracture is remanded.

Entitlement to service connection for an acquired psychiatric disorder to include as secondary to service-connected disabilities is remanded. 

Entitlement to a 10 percent evaluation based upon multiple, noncompensable service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1968 to April 1970. 

This case is before the Board of Veterans’ Appeals (Board) on appeal from a May 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office.  

In April 2018, the Veteran testified at a Travel Board hearing before the undersigned Veterans Law Judge.  A transcript of the hearing has been associated with the electronic claims file.

In September 2018, the Board remanded the matters for additional development. 

Now the matters are returned to the Board.   

The Board notes that the Veteran underwent VA examinations for psychiatric disorder and knee and lower leg conditions after the Board’s September 2018.  See May 2020 Mental Disorder Disability Benefits Questionnaire (DBQ); August 2020 Knee and Lower Leg Conditions DBQ.  However, the Agency of Original Jurisdiction (AOJ) did not issue a Supplemental Statement of the Case (SSOC) on the issues on appeal.   Under 38 C.F.R. § 19.31, the AOJ should provide an SSOC to the Veteran and his representative when there are any material changes in or additions to the information included in the SOC or any prior SSOC, to include receipt of additional pertinent evidence.  

Furthermore, the Board specifically instructed in its remand that an SSOC be issued following receipt of additional evidence and before the case is returned to the Board.  Unfortunately, there has not been substantial compliance with the Board's previous remand directives. Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998).  

Accordingly, the matters are REMANDED for the following action:

The AOJ must readjudicate the issues on appeal.  If the claims remain denied, a SSOC must be provided to the Veteran and his attorney.  After the Veteran and his attorney have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review. 

 

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. E. Kim, 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.