Citation Nr: 21004705
Decision Date: 01/27/21	Archive Date: 01/27/21

DOCKET NO. 16-46 949
DATE: January 27, 2021

REMANDED

Entitlement to an earlier effective date than March 31, 2014 for a grant of service connection for chronic renal disease with hypertension is remanded.

Entitlement to an initial disability rating exceeding 60 percent for chronic renal disease with hypertension is remanded.

REASONS FOR REMAND

The Veteran served on active duty including from September 1988 to November 1996 and July 1997 to October 2009.  

This appeal comes to the Board of Veterans’ Appeals (Board) from a rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  The Board denied the Veteran’s claims in an August 2019 decision, and the Veteran appealed to the United States Court of Appeals for Veterans Claims (CAVC).  In July 2020, CAVC granted a Joint Motion for Remand (JMR) vacating the Board’s decision and remanding the matters to the Board for additional development in accordance with the JMR.  The JMR notes that there are outstanding relevant treatment records including lab results (e.g. VistA scanned records) that VA must obtain, associate with the claims file, and consider before readjudicating the Veteran’s claims.  On remand, the AOJ should request the assistance of the Veteran and his representative in obtaining all outstanding relevant records and associating them with the Veteran’s claims file before readjudicating the claims based on the totality of the evidence. 

The matters are REMANDED for the following action:

1.  The AOJ should contact the Veteran and all current representatives and request their assistance in identifying any outstanding relevant records including the lab results (e.g. the VistA scanned records) mentioned in the Veteran’s VA treatment records and VA examination reports.  The AOJ should make reasonable attempts to obtain all identified outstanding records and associate them with the Veteran’s claims file.

2. After completing the above action and any other necessary development, the claims must be readjudicated.  If a claim remains denied, a Supplemental Statement of the Case must be provided to the Veteran and current representatives.  After the Veteran has had adequate opportunity to respond, the appeal must be returned to the Board for appellate review.

 

 

C. TRUEBA

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Michael Duffy, 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.