Citation Nr: 21070916
Decision Date: 11/26/21	Archive Date: 11/26/21

DOCKET NO. 18-11 881
DATE: November 26, 2021

REMANDED

Entitlement to a disability rating in excess of 30 percent for right plantar fasciitis is remanded. 

Entitlement to a disability rating in excess of 30 percent for left plantar fasciitis is remanded. 

Entitlement to an initial disability rating in excess of 20 percent for a left ankle disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 2010 to June 2013. 

These matters come to the Board of Veterans' Appeals (Board) on appeal from an October 2017 rating decision which, in pertinent part, granted separate ratings of 30 percent each for right and left plantar fasciitis (previously rated as bilateral plantar fasciitis) effective June 25, 2015, and granted an initial 20 percent rating for left ankle sprain, effective June 25, 2015. 

In the April 2020 VA Form 9 (Appeal to the Board of Veterans' Appeals), the Veteran requested a Board videoconference hearing.  In August 2020, the Veteran testified before a Veterans Law Judge (VLJ) in a separate appeal but did not provide testimony on the issues currently before the Board.  A February 2021 letter notified the Veteran that a hearing in the current appeal was scheduled for April 26, 2021.  On April 14 and April 26, the Veteran contacted VA and requested clarification as he believed he had already had a hearing in the current appeal.  He did not appear for the April 26 hearing.  In August 2021, the Board sent the Veteran a letter clarifying that he had not had a hearing on these issues and offered him the option of scheduling a hearing.  To date, no response has been received.  The Board therefore deems the hearing request withdrawn pursuant to 38 C.F.R. § 20.704(e).

1. Entitlement to a disability rating in excess of 30 percent for right plantar fasciitis is remanded. 

2. Entitlement to a disability rating in excess of 30 percent for left plantar fasciitis is remanded. 

3. Entitlement to an initial disability rating in excess of 20 percent for a left ankle disability is remanded.

Subsequent to the March 2020 statement of the case (SOC), additional relevant VA treatment records and examination reports were associated with the claims file.  In October 2021, a letter was sent to the Veteran and his representative requesting waiver of Agency of Original Jurisdiction (AOJ) review.  To date, no response has been received.  As such, remand is required so that the AOJ can issue a supplemental statement of the case (SSOC) that considers the additional relevant evidence of record.  

The matters are REMANDED for the following action:

1. After completing any development as may be indicated, the Veteran's claims should be readjudicated based on the entirety of the evidence.  

If the claims remain denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC).  An appropriate period of time should be allowed for response.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. 

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Owen, 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.