Citation Nr: 21063408
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 16-15 612
DATE: October 14, 2021

REMANDED

Entitlement to a compensable disability rating for residual shell fragment scars of the left leg is remanded.

Entitlement to a disability rating in excess of 10 percent for left eye dacryocystitis is remanded.

Entitlement to a compensable disability rating for nose fracture residuals is remanded.

Entitlement to a disability rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU), for the period prior to December 18, 2013, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from March 1968 to April 1970.  These matters come before the Board of Veterans' Appeals (Board) on appeal from a June 2013 decision by the Department of Veterans Affairs (VA) Regional Office (RO) and were previously remanded by the Board in September 2018, April 2019, and March 2020.  The Veteran died in August 2014.  The Appellant, who is the Veteran's surviving spouse, has been properly substituted for the Veteran.  38 U.S.C. § 5121A.

In January 2021, the RO a issued a supplemental statement of the case  (SSOC) which denied increased ratings for left leg scars, left eye disability, nose fracture residuals, and PTSD, as well as entitlement to a TDIU prior to December 18, 2013, and informed the Veteran of the opportunity to respond within 30 days of receipt of the notice letter.  The Veteran's representative, J. Michael Woods, was copied on the SSOC.   However, in March 2021 correspondence, Attorney Woods informed VA that correspondence was being sent to an old address and that he was not consistently receiving mail at his new address.  There is no indication that the January 2021 SSOC was resent to the Veteran's representative at his current address of record in Evansville, IN.  Therefore, the Board finds that a remand is required for a copy of the SSOC to be sent to the correct mailing address of the Veteran's representative and for the representative to have an opportunity to respond if he so chooses. 

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The matters are REMANDED for the following action:

The Agency of Original Jurisdiction should send the Veteran's representative, J. Michael Woods, a copy of the January 2021 SSOC to his current mailing address in Evansville, IN, as shown in the March 25, 2021 correspondence of record.  An appropriate period of time should be allowed for response.  The case should then be returned to the Board, if in order, for further appellate review.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Houle, 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.