Citation Nr: 21065746
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 13-29 524
DATE: October 27, 2021

REMANDED

Entitlement to a rating in excess of 40 percent for residuals of partial gastrectomy for ulcer disease is remanded.

Entitlement to a rating in excess of 10 percent for residuals of partial gastrectomy scar is remanded.

Entitlement to a compensable rating for incisional ventral hernia, status post herniorrhaphy, is remanded.

REASONS FOR REMAND

The Veteran, who served on active duty in the United States Army from December 1953 to October 1956, died in May 2015.  The appellant is his surviving spouse and has been properly substituted as the claimant for purposes of processing the claim to completion.  See 38 U.S.C. § 5121A.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2010 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  

In a July 2020 decision, the Board denied, in relevant part, the Veteran's increased rating claims for residuals of partial gastrectomy for ulcer disease, residuals of partial gastrectomy scar, and incisional ventral hernia, status post herniorrhaphy.  

The Veteran timely appealed the July 2020 Board decision to the United States Court of Appeals for Veterans Claims (Court).  In an April 2021 Order, pursuant to a Joint Motion for Partial Remand (JMPR) filed by the parties, the Court vacated and remanded the Board decision as to his increased rating claims listed in the issues section above.  The Court dismissed the appeal regarding the other issues, including increased rating claims for right eye healed nebula of cornea and major depressive disorder and for compensation under 38 U.S.C. § 1151 for right foot two toes amputation due to treatment by the San Juan VA Medical Center from April 2, 2010, to June 3, 2010, noting the appellant does not wish to appeal those issues.  The Court also noted that the issues of entitlement to service connection for anemia and entitlement to special monthly compensation based on the need for regular aid and attendance or by reason of being housebound were remanded and thus it lacked jurisdiction over these claims.

In the JMPR, the parties expressed concerns regarding missing documents that had not been uploaded to the claims file which contain potentially relevant information regarding the appellant's increased rating claims.  To date, these records do not appear to have been uploaded into the claims file and should be accomplished on remand.

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The matters are REMANDED for the following action:

Obtain any outstanding VA treatment records, including all records from the San Juan VA Medical Center dating back to March 2010 (see April 2016 Correspondence noting records were not able to be uploaded in VBMS).

 

 

Marissa Caylor

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Asante, Ruby

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.