Citation Nr: 21062642
Decision Date: 10/08/21	Archive Date: 10/08/21

DOCKET NO. 09-38 439
DATE: October 8, 2021

REMANDED

1. Entitlement to service connection for a bilateral hand disability is remanded.

2. Entitlement to service connection for a bilateral wrist disability is remanded.

3. Entitlement to service connection for a right shoulder disability is remanded.

REASONS FOR REMAND

The appellant is a Veteran who had active service from June 1971 to June 1974.  This case is before the Board of Veterans' Appeals (Board) on appeal from a January 2009 Department of Veterans Affairs (VA) rating decision.  In January 2014 a hearing in the matter was held before the undersigned; a transcript is in the record.  In June 2014, January 2017, December 2017, March 2019, and June 2020, the Board remanded these matters for additional development.

A January 2021 granted service connection for left shoulder, left ankle and right ankle disabilities (which were also on appeal), resolving the appeal in those matters.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).  

Additional pertinent VA medical records have been associated with the claims file, and a supplemental statement of the case (SSOC) was not issued. A July 2021 letter notified the Veteran of such additional evidence that was not considered by the agency of original jurisdiction (AOJ).  He was advised that he had 45 days to complete a provided from indicating whether he wished to have the AOJ initially review the evidence or if he waived his right to such initial AOJ review.  He was informed that if a response was not received, the Board would remand the case to the AOJ for its initial review of the new evidence.  He did not respond.  Thus, a remand is required for AOJ initial review of relevant new evidence and issuance of a new SSOC.  See 38 C.F.R. § 20.1304(c).

The matters are REMANDED for the following:

Review the record, arrange for any further development suggested, and readjudicate the claims in a new SSOC.

 

 

GEORGE R. SENYK

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.