Citation Nr: 21062384
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 15-29 558
DATE: October 7, 2021

REMANDED

1. Entitlement to a compensable initial disability rating for a left shoulder strain prior to November 15, 2019, and in excess of 20 percent thereafter is remanded

2. Entitlement to a compensable initial disability rating for a right knee sprain prior to November 15, 2019, and in excess of 10 percent thereafter is remanded.

3. Entitlement to a compensable initial disability rating for a left ankle sprain prior to November 15, 2019, and in excess of 10 percent thereafter is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 2006 to February 2014 and on active duty for training from April 2020 to October 2020.

These matters came to the Board on appeal from a December 2014 rating decision. The Board previously remanded the appeals for additional development in August 2018 and October 2020. VA examinations and treatment records were obtained. 

1. , 2., and 3. Entitlement to higher initial disability ratings for a right knee Sprain, left ankle sprain, and left shoulder sprain are remanded.

Additional VA-generated records that are potentially relevant to the Veteran's claims were added to the file in July 2021, after the last supplemental statement of the case (SSOC) in April 2021. The Veteran did not respond to a July 2021 request for a waiver of review of such evidence by the agency of original jurisdiction (AOJ). Therefore, the case must be remanded for initial AOJ review and an SSOC.

The matters are REMANDED for the following action:

Issue a supplemental statement of the case with consideration of the VA treatment records added to the file in July 2021 and any other additional evidence that may be added upon remand. After time for a response, return the matter to the Board if otherwise in order. 

 

 

Bethany L. Buck

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Wheatley

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.