Citation Nr: 21063750
Decision Date: 10/15/21	Archive Date: 10/15/21

DOCKET NO. 15-02 157
DATE: October 15, 2021

REMANDED

The issue of entitlement to an increased rating for a lumbar strain, currently evaluated as 10 percent disabling prior to May 27, 2021, and 40 percent disabling thereafter, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Marine Corps from September 1993 to September 1996.  This case is before the Board of Veterans' Appeals (Board) on appeal from a November 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  In a June 2021 rating decision, the RO increased the Veteran's rating for a lumbar strain to 40 percent disabling from May 27, 2021.

The most recent adjudication of these issues occurred in a June 7, 2021 Statement of the Case (SOC).  Subsequently, on July 21, 2021, VA treatment records were associated with the claims file.  The Board sent the Veteran a waiver solicitation letter in July 2021 to ascertain whether it could review this newly submitted evidence.  The Veteran responded in September 2021 and requested that his case be sent back to the AOJ for review of the additional evidence.

As such, the Veteran's claim for entitlement to an increased rating for a lumbar strain, currently evaluated as 10 percent disabling prior to May 27, 2021, and 40 percent disabling thereafter, is remanded to the AOJ for consideration of the additional evidence and the issuance of an SSOC.  See 38 C.F.R. § 19.37.

The matters are REMANDED for the following action:

Readjudicate the Veteran's claim of entitlement to an increased rating for a lumbar strain, currently evaluated as 10 percent disabling prior to May 27, 2021, and 40 percent disabling thereafter, with consideration of all additional evidence associated with the claims file after the July 21, 2021 SOC, to include the VA treatment records associated with the claims file on July 21, 2021.  

 

 

S.C. Krembs

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.