Citation Nr: 21002943
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 17-08 609
DATE: January 19, 2021

REMANDED

Prior to April 30, 2019, an initial rating in excess of 10 percent for cervical strain.

 

REASONS FOR REMAND

The Veteran served on active duty from April 1993 to September 1998.

The case is on appeal from a February 2016 rating decision.

In March 2018, the Veteran testified at a Board hearing.

In November 2019, the Board denied a rating in excess of 30 percent for the cervical strain from April 30, 2019.  The Board also remanded the claim for an initial rating in excess of 10 percent for the cervical strain prior to April 30, 2019.

Prior to April 30, 2019, an initial rating in excess of 10 percent for cervical strain.

The Board notes that additional relevant evidence has been added to the record following the August 2020 supplemental statement of the case (SSOC).  A November 2020 waiver request letter was issued to the Veteran and her representative and no response has been received.  The November 2020 waiver request letter specifically notified the Veteran and her representative that if she did not respond within 45 days from the date of the letter, the Board would remand her appeal to the agency of original jurisdiction (AOJ) for initial consideration of the additional evidence.  No response or waiver has been received.  Therefore, the Board must remand the issue for AOJ review.  See 38 C.F.R. § 19.31, 19.37.

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The matters are REMANDED for the following action:

Readjudicate the claim for a rating in excess of 10 percent for the cervical strain prior to April 30, 2019, in accordance with 38 C.F.R. § 19.29, with full consideration of all evidence received since the August 2020 SSOC.  If the full benefits sought are not granted in full, issue another SSOC and return the case to the Board for further appellate consideration, if in order.

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.