Citation Nr: 21068280 Decision Date: 11/09/21 Archive Date: 11/09/21 DOCKET NO. 19-39 224 DATE: November 9, 2021 REMANDED An effective date earlier than April 1, 2017 for the grant of service connection for bladder dysfunction is remanded. An effective date earlier than April 1, 2017 for the grant of service connection for multiple sclerosis is remanded. An effective date prior to January 6, 2014 for additional allowance for dependency benefits is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1972 to August 1980. This case is before the Board of Veterans' Appeals (Board) on appeal from a September 2017 rating decision and an August 2018 notification letter. In the September 2017 rating decision, the RO, inter alia, granted service connection for multiple sclerosis with left upper extremity weakness with a 30 percent disability rating effective April 1, 2017 and granted service connection for bladder dysfunction with a 10 percent disability rating effective April 1, 2017. The August 2018 notification letter advised the Veteran that his dependent spouse was added to his award, effective January 6, 2014. In a September 2020 decision, the Board, inter alia, denied the Veteran's claims for an earlier effective date for the grant of service connection for multiple sclerosis, bladder dysfunction, and for additional allowance for dependency benefits. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (CAVC or Court). While the appeal was pending at the Court, a Joint Motion for Partial Remand (JMPR) was filed by both parties. In June 2021, the Court granted the JMPR to vacate the September 2020 Board decision and remand the matter back to the Board for development consistent with the terms of the JMPR. Specifically, the Court found that the Board failed to provide an adequate statement of reasons or bases, failed to comply with terms of a prior Court remand, and did not adequately address all of the evidence of record. The Court determined that the issue of whether an earlier effective date for the grant of service connection for multiple sclerosis is inextricably intertwined with the claims on appeal for an earlier effective date for the grant of service connection for bladder dysfunction and for additional allowance for dependency benefits. The case was returned to the Board. 1. An effective date earlier than April 1, 2017 for the grant of service connection for bladder dysfunction 2. An effective date earlier than April 1, 2017 for the grant of service connection for multiple sclerosis 3. An effective date prior to January 6, 2014 for additional allowance for dependency benefits Before the Board can reach the merits of the Veteran's claim, a remand is necessary to ensure that there is a complete record upon which to afford the Veteran every possible consideration. See 38 U.S.C. § 5103(A); 38 C.F.R. § 3.159. In a Waiver of Opportunity to Submit Additional Evidence or Argument and Additional Evidence Response Form received in August 2021, the Veteran's attorney selected that the Veteran's case be remanded to the AOJ for review in the first instance of the additional evidence and argument that was submitted in the appeal. In light of this, the Board must return the Veteran's claim to the AOJ so that it may perform an initial review of the newly submitted evidence or argument and readjudicate the Veteran's claims. See 38 C.F.R. §§ 1937, 20.1305(c). In this regard, in July 2021, the Board remanded the issues of whether the reduction of the Veteran's ratings for chronic low back pain with radiculopathy, a right knee disability, and bilateral varicosities, effective September 1, 1986, was proper. The Board previously found that those issues were the subject of a July 1986 Notice of Disagreement (NOD) that remained pending. Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). As of the date of this decision, a Statement of the Case (SOC) addressing those issues has not yet been issued by the RO, and the Veteran has not indicated that he does not wish to pursue an appeal as to these issues. As the Court previously indicated, in its June 2021 decision, that those issues, and the issue of the timeliness of the July 1986 NOD, are related to the issues currently before the Board (earlier effective date for the grant of service connection for multiple sclerosis, bladder dysfunction, and for additional allowance for dependency benefits), compliance with the July 2021 Board remand directives is essential to adjudication of the claims currently before the Board. Thus, adjudication of the claims on appeal should not be undertaken until after the RO has complied with the July 2021 Board remand directives, and the Veteran has been provided with 60 days to respond with a VA Form 9, substantive appeal, or after a timely VA Form 9 is received, whichever occurs first. The matters are REMANDED for the following action: Following completion of the remand directives set forth in the July 2021 Board remand (to issue a Statement of the Case (SOC) addressing the issues of whether the reduction of the Veteran's ratings for chronic low back pain with radiculopathy, a right knee disability, and bilateral varicosities, effective September 1, 1986, was proper); and, allowing for a 60-day time period to respond with a timely VA Form 9, substantive appeal, readjudicate the claims for earlier effective dates for the grans of service connection for multiple sclerosis, bladder dysfunction, and for additional allowance for dependency benefits. If any of the benefits sought remain denied, issue a supplemental statement of the case (SSOC), and return the case to the Board. L. B. CRYAN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Labi, 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.