Citation Nr: 21069513
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 17-30 883
DATE: November 18, 2021

REMANDED

Entitlement to a rating in excess of 20 percent for right (major) shoulder osteoarthritis.  

Entitlement to a rating in excess of 20 percent for chronic lumbosacral strain with degenerative arthritis.  

REASONS FOR REMAND

The Veteran had active service from July 1976 to July 2001.  

Entitlement to a rating in excess of 20 percent for right (major) shoulder osteoarthritis and a rating in excess of 20 percent for chronic lumbosacral strain with degenerative arthritis.  

After April 2020, additional relevant VA examination and clinical documentation, was submitted into the record.  In an October 2021 written statement, the Veteran indicated that he did not waived Agency of Jurisdiction review of the additional VA records and requested that his appeal be remanded to the Agency of Original Jurisdiction for consideration of the additional evidence. The Board of Veterans' Appeals (Board) may not consider additional evidence without prior Agency of Original Jurisdiction review in the absence of a waiver of that review by the Veteran. 

The matters are REMANDED for the following action:

If any benefit sought on appeal remains denied after appropriate action is taken by the Agency of Original Jurisdiction on the additional VA examination and clinical documentation was submitted into the record, the Veteran should be provided a supplemental statement of the case (SSOC) which addresses all relevant actions taken on the Veteran's claims for benefits, to include a summary of the evidence and applicable law and regulations considered since the issuance of the last SSOC.  An appropriate period of time should be allowed for response before the case is returned to the Board.  

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.