Citation Nr: 21067110
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 16-58 138
DATE: November 3, 2021

REMANDED

Entitlement to a rating in excess of 20 percent for degenerative disc disease and spondylosis of the lumbar spine is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from March 1975 to July 1978 and March 1983 to April 2005.  For his meritorious service, the Veteran was awarded (among numerous other decorations) the Legion of Merit, the Bronze Star Medal, the Defense Meritorious Service Medal, the Meritorious Service Medal, and the Army Commendation and Achievement Medals.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

This matter was previously before the Board in November 2018 and June 2019.  In both instances, the matter was remanded for further development.  

During the pendency of the Veteran's appeal, additional private treatment records and VA examinations were received after the most recent supplemental statement of the case (SSOC) in September 2020.  In July 2021, the VA sent the Veteran correspondence acknowledging this evidence had not yet been considered by the RO and the Veteran has the right to have the RO to review it before the Board does.  

The Veteran timely submitted his response and requested the Board remand his case back to the Agency of Original Jurisdiction (AOJ) for their review of the additional evidence.  

Because the Veteran did not waive AOJ review over evidence submitted or obtained since the previous adjudication, the Board must remand the claim to the AOJ for consideration of this evidence consistent with the Veteran's wishes.  

The matter is REMANDED for the following action:

Readjudicate the claim with consideration of all evidence, including the newly submitted evidence and VA examinations. If the benefits sought are not granted, furnish the Veteran a SSOC.  

The Veteran must be afforded a reasonable opportunity to respond before the record is returned to the Board for further review.

 

 

Evan M. Deichert

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.