Citation Nr: 21062726
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 16-26 529
DATE: October 12, 2021

REMANDED

Entitlement to an increased rating for left shoulder impingement syndrome, currently rated as 20 percent disabling, is remanded.

Entitlement to an increased rating for status post-open reduction, internal fixation of the pelvis, to include low back pain and stiffness, currently rated as 10 percent disabling, is remanded.

Entitlement to an increased rating for the residuals of right ankle fracture, to include early arthrosis with achilles tendonitis, currently rated as 10 percent disabling, is remanded.

Entitlement to an increased rating for left ankle achilles tendonitis, currently rated as 10 percent disabling, is remanded.

REASONS FOR REMAND

This matter was previously before the Board of Veterans' Appeals in December 2020, when it was remanded so the Agency of Original Jurisdiction (AOJ) could assist the Veteran in obtaining additional VA treatment records.  The record reflects the AOJ completed this development and issued a supplemental statement of the case in January 2021; however, after this matter was recertified to the Board in February 2021, VA developed and/or received additional pertinent evidence regarding the issues on appeal.  The Board attempted to solicit a waiver of initial AOJ review of this evidence from the Veteran.  Unfortunately, the Board's waiver letter was returned undeliverable even though it was sent to the Veteran's last known address.  As a result, the Board must remand the Veteran's appeal for initial AOJ consideration of the newly developed evidence to ensure the Veteran is afforded due process.  See 38 C.F.R. § 19.37(b).

The matters are REMANDED for the following action:

Readjudicate the issues on appeal based on the evidence of record.  If any benefit sought on appeal remains denied, issue a supplemental statement of the case and return the matter to the Board, if otherwise in order.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.