Citation Nr: 21062928
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 09-29 276
DATE: October 12, 2021

REMANDED

Entitlement to an increased rating for a vestibular disorder, previously diagnosed as Meniere's syndrome is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1955 to September 1957.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

Most recently, in March 2021, the Board remanded this matter for further development.

1. Entitlement to an increased rating for a vestibular disorder, previously diagnosed as Meniere's syndrome is remanded.

In the March 2021 remand, the Board directed the agency of original jurisdiction (AOJ) to refer the Veteran's vestibular disorder increased rating claim to the Director, Compensation Service, for consideration of entitlement an increased rating on an extraschedular basis under 38 C.F.R. § 3.321(b).  Despite the Board's remand directives, the AOJ did not refer this matter to the Director, Compensation Service.  A remand by the Board confers on a claimant, as a matter of law, the right to compliance with the remand orders and provides that the Secretary of VA has a concomitant duty to ensure compliance with the terms of the remand.  Stegall v. West, 11 Vet. App. 268 (1998).  As the requested development was not completed, the issue must again be remanded so that remedial compliance with the Board's March 2021 remand directives can occur.

The matters are REMANDED for the following action:

1. Forward the Veteran's claims file to the Director, Compensation Service for consideration of an extraschedular evaluation of the Veteran's vestibular disorder disability under the provisions of 38 C.F.R. § 3.321(b)(1).  This referral is mandatory, although the decision of whether to actually award an extraschedular rating remains to be decided by the Director, Compensation Service or designate.

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2. After accomplishing any additional development deemed appropriate, readjudicate the Veteran's claim.  If the benefits sought in connection with the claim remain denied, the Veteran and his representative should be provided with an appropriate Supplemental Statement of the Case and given the opportunity to respond. Thereafter, the claims folder should be returned to the Board for further appellate review, if otherwise in order.

 

KRISTI L. GUNN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. McPhaull, 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.