Citation Nr: 21067865
Decision Date: 11/05/21	Archive Date: 11/05/21

DOCKET NO. 17-33 886
DATE: November 5, 2021

REMANDED

Entitlement to service connection for a back disorder is remanded.

Entitlement to service connection bilateral lower extremity radiculopathy associated with the back disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1967 to May 1971. 

These matters come before the Board of Veterans' Appeals (Board) on appeal from a January 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran filed his initial claim for service connection for a back disorder in April 2015, which the RO denied in a March 2016 rating decision. The Veteran filed to reopen his claim in April 2016, which was denied again in June 2016. The Veteran requested reconsideration of his claim in June 2016 and submitted evidence that was new and material in October 2016. As this evidence was received within one year of the March 2016 rating decision, the original claim never became final and is the claim on appeal. See 38 C.F.R. § 3.156(b).

Similarly, the Veteran filed his claims of service connection for a neck disorder, right arm disorder, left ankle disorder, and bilateral upper and lower extremity radiculopathy in April 2016, which were denied in June 2016. He requested reconsideration of his claims in June 2016 and submitted evidence that was new and material in June and October 2016. As this evidence was received within one year of the June 2016 rating decision, the original claims never became final and are the claims on appeal. See 38 C.F.R. § 3.156(b).

With regards to service connection claims for a neck disorder, right arm disorder, and bilateral upper extremity radiculopathy associated with the neck disorder, subsequent to the March 2021 Board remand, the Veteran submitted a formal written request for withdrawal (see March 2021 VA 21-4138 form, clearly expressing an intent to withdraw these claims, along with his name, the applicable claim number), which was acknowledged by the RO, as evidenced by the May 2021 letter. 38 C.F.R. § 19.55. Thus, the Board does not have appellate jurisdiction to review the Veteran's service connection claims for neck disorder, right arm disorder, and bilateral upper extremity radiculopathy associated with the neck disorder.

While the Board finds substantial compliance with the March 2021 Board remand (Stegall v. West, 11 Vet. App. 268, 271 (1998)), the Board regrettably finds remand is required for the reasons addressed below.

1. Entitlement to service connection for a back disorder is remanded.

2. Entitlement to service connection bilateral lower extremity radiculopathy associated with the back disorder is remanded.

Post-March 2021 Board remand, further development has been made, to include obtaining additional VA treatment records, in accordance with the remand instruction. However, RO has not issued a supplemental statement of the case (SSOC) as required by 38 C.F.R. § 19.31. As such, remand is required for issuance of an SSOC.

The matters are REMANDED for the following action:

Readjudicate the issues of service connection for a back disorder and bilateral lower extremity radiculopathy associated with the back disorder, with consideration of all the evidence associated with the claims file since the issuance of the June 2017 SOC. If any benefit sought on appeal remains denied, issue an SSOC and allow the appropriate time for response. Then, return the case to the Board for further appellate review.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Lee, Catherine

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.