Citation Nr: 21071188
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 14-16 643
DATE: November 30, 2021

REMANDED

Entitlement to a rating higher than 10 percent for bilateral Terrien's Marginal Degeneration is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty in the United States Army from July 1989 to July 1993. He had overseas service in the Southwest Asia Theater of Operations and is a recipient of the Army Commendation Medal, among other decorations and awards. 

This case was most recently before the Board in November 2020, at which time the claim was remanded back to the local Regional Office (RO), which is the Agency of Original Jurisdiction (AOJ), for further development and consideration.  

Regrettably, however, the Board must again remand this claim.

Entitlement to a rating higher than 10 percent for bilateral Terrien's Marginal Degeneration is again remanded.

In the September 2021 Supplemental Statement of the Case (SSOC) issued since the Board's prior remand of this claim, the AOJ continued to deny it, so this claim was recertified to the Board on October 20, 2021.  

The Board, however, sees that additional medical records were uploaded into the Veteran's electronic VA claims folder on October 1, 2021, so before recertification of this claim to the Board. And these records include recent VA treatment records relating to the Veteran's eye condition that is at issue in this appeal. These records contain findings pertinent to the severity of this service-connected disability so are relevant in determining whether any higher rating is warranted. 

An SSOC must be furnished to an appellant and his or her representative when additional pertinent evidence such as VA treatment records is associated with the claims file after a previous Statement of the Case (SOC) or Supplemental SOC (SSOC) has been issued. 38 C.F.R. § 19.31. If the evidence is received prior to transfer of the case to the Board, a waiver request is not appropriate, and the case must be remanded for a new SSOC pursuant to 38 C.F.R. §§ 19.31 & 19.37(a). No SSOC has been issued by the AOJ since the September 2021 SSOC. Therefore, one must be provided considering the evidence received since the September 2021 SSOC.

Accordingly, this claim is again REMANDED for the following still additional development and consideration:

Provide the Veteran an SSOC addressing all additional evidence received since the September 2021 SSOC, so including the additional VA treatment records relating to his eye condition that were uploaded to his electronic claims file on October 1, 2021, so since that SSOC. 

 

KEITH W. ALLEN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. B. Kucera

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.