Citation Nr: 21067364
Decision Date: 11/04/21	Archive Date: 11/04/21

DOCKET NO. 18-52 815
DATE: November 4, 2021

REMANDED

Entitlement to an initial rating greater than 10 percent for a left wrist disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1984 to August 1987, from February 1997 to November 1997 and from January 2003 to September 2003.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In March 2020, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. The transcript is of record.

In April 2020, the Board remanded the issue of entitlement to service connection for a back disability. In October 2020, the RO granted service connection for a lower back injury. 

1. Entitlement to an initial rating greater than 10 percent for a left wrist disability is remanded.

With respect to the Veteran's wrist claim, the Veteran's attorney expressed in a February 2020 correspondence and during the March 2020 Board hearing that the Veteran's wrist disability is more severe than is reflected and respectfully requested that the Board submit the Veteran's claim to the Chief Benefits Director for extraschedular consideration.

The Board's April 2020 remand requested that the RO refer the matter of entitlement to a higher disability rating for a left wrist disability, on an extraschedular basis, to VA's Director of Compensation Services for consideration of an extraschedular rating under 38 C.F.R. § 3.321(b)(1). However, such action was not completed; thus the Board finds that the AOJ failed to substantially comply with the terms of the April 2020 remand. Stegall v. West, 11 Vet. App. 268 (1998).

As the case was not referred to the Director of the Compensation Services, remand is required.

The matters are REMANDED for the following action:

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1. Obtain any outstanding VA treatment records.

2. Refer the matter of entitlement to a higher disability rating for a left wrist disability, on an extraschedular basis, to VA's Director of Compensation Services for consideration of an extraschedular rating under 38 C.F.R. § 3.321(b)(1).

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M.D.

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.