Citation Nr: 21065762
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 17-15 608
REMANDED

Entitlement to a rating in excess of 10 percent prior to August 22, 2017 and a rating of 30 percent thereafter is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1989 to October 2009.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2015 of the Department of Veterans Affairs (VA) Regional Office (RO).

1. Entitlement to a rating in excess of 10 percent prior to August 22, 2017 and rating of 30 percent beginning August 22, 2017 and thereafter is remanded.

This matter must be remanded for consideration of additional evidence and issuance of a new supplemental statement of the case (SSOC).  Since the most recent September 2017 SSOC additional VA treatment records were added to the record including treatment records from December 2017 through February 2020 which show treatment for and symptoms related to the Veteran's headaches.  This evidence was not considered at the time of the September 2017 SSOC.  In correspondence dated August 5, 2021, the Board afforded the Veteran the opportunity to waive review of this evidence by the agency of original jurisdiction (AOJ) or to have the claim remanded.  In October 2021, the Veteran requested to have the claim remanded to the AOJ for review of the additional evidence.  Therefore, remand is warranted. 

The matter is REMANDED for the following action:

Readjudicate the Veteran's claim based on the evidence of record.  If the benefit being sought cannot be granted in full, issue a supplemental statement of the case (SSOC) and return the claim to the Board of Veterans' Appeals for further review.   

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.