Citation Nr: 21067678
Decision Date: 11/05/21	Archive Date: 11/05/21

DOCKET NO. 15-28 055
DATE: November 5, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for residuals contusion, right ankle is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran served honorably in the United States Navy from November 1987 to May 1988, September 1990 to April 1991, and again from December 1993 to May 1998. 

In April 2016, January 2017, February 2019, and most recently in January 2021, the Board of Veterans' Appeals (Board) remanded this appeal for additional development. 

Unfortunately, while the Board regrets the additional delay, this appeal must be remanded again to ensure compliance with due process requirements.  Specifically, the matters on appeal were last adjudicated by the Agency of Original Jurisdiction (AOJ) in a May 2021 Supplemental Statement of the Case (SSOC). Since then, pertinent evidence, including VA treatment records, a July 2021 VA Ankle Conditions Disability Benefits Questionnaire (DBQ), and August 2021 addendum to that DBQ, have been associated with the claims file. 

In August 2021, the Board sent the Veteran a letter (with a copy to his representative) advising him that this additional evidence had not been previously considered by the AOJ. He was further advised of his right to have the AOJ review it before the Board did, and of his right to waive this right by submitting a waiver in writing. The letter further advised the Veteran that if he did not respond in 45 days, the Board would assume he did not want the Board to decide his appeal at this time and that the Board would remand the appeal to the AOJ for review.

The Veteran has not responded to August 2021 letter, and the 45-day time limit has expired. Accordingly, the claims are remanded for issuance of another SSOC. See 38 C.F.R. § 20.1304(c).

The matters are REMANDED for the following action:

Review the additional evidence, including VA treatment records, the July 2021 VA Ankle Conditions DBQ, and the August 2021 addendum, that has been added to the claims file since the May 2021 SSOC, as well as any other evidence that may be obtained after that date, and after conducting any additional development, if indicated, readjudicate the claims.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Stuedemann, Angela L.

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.