Citation Nr: 21003947
Decision Date: 01/25/21	Archive Date: 01/25/21

DOCKET NO. 16-56 904
DATE: January 25, 2021

REMANDED

For the period prior to February 13, 2019, entitlement to a rating in excess of 20 percent for lumbar spinal stenosis with degenerative disc disease and intervertebral disc syndrome (IVDS) is remanded.

For the period starting April 1, 2019, entitlement to a rating in excess of 20 percent for lumbar spinal stenosis with degenerative disc disease and IVDS is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1959 to January 1960.

Consideration of New Evidence

A supplemental statement of the case (SSOC) was issued in September 2020.  Since then, additional relevant VA treatment records have been associated with the claims file but have not yet been reviewed by the Agency of Original Jurisdiction (AOJ).  In November 2020, the Veteran and his representative were notified of the new evidence and provided an opportunity to waive AOJ consideration of this evidence; however, no response was received by the deadline. See November 2020 BVA Letter, pp. 1-3.  Accordingly, a remand is required for the AOJ to review this new evidence in the first instance and issue an SSOC for any claims not granted in full. See 38 C.F.R. §§ 19.31, 19.37(a) (2019).

The matters are REMANDED for the following action:

Review all relevant evidence that has been associated with the claims file since the issuance of the September 2020 SSOC and readjudicate the Veteran’s claims.  If any claim is not granted in full, issue an SSOC.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.