Citation Nr: 21071956 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 19-33 656 DATE: December 1, 2021 REMANDED Entitlement to an increased rating in excess of 20 percent for a lumbosacral strain is remanded. Entitlement to an initial rating in excess of 10 percent for left lower extremity radiculopathy is remanded. Entitlement to an increased rating in excess of 10 percent for left knee osteoarthritis is remanded. Reopening of the claim for service connection for a cervical spine disability is remanded. Reopening of the claim for service connection for a bilateral foot disability is remanded. Reopening of a claim for service connection for a right knee disability is remanded. Reopening of a claim for service connection for a left hip disability is remanded. Entitlement to service connection for a left elbow disability is remanded. Entitlement to service connection for a left wrist disability is remanded. Entitlement to service connection for a right wrist disability is remanded. REASONS FOR REMAND The Veteran served on active duty from April 1978 to April 2002. This matter is before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in October 2018 by a Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the claim for service connection for a left elbow disability has to date been treated as a claim to reopen. However, a review of the file reflects that while the Veteran was previously denied service connection for a right elbow disability in a final October 2002 rating decision, a claim for service connection for a left elbow disability has never been specifically denied, nor was the October 2002 rating decision so broad as to constitute a denial of service connection for a left elbow disability as well. Velez v. Shinseki, 23 Vet. App. 199, 204 (2009). As such, the Board has recharacterized the left elbow claim as one for service connection only, and not a claim to reopen a previously denied claim. Finally, in January 2020 the Veteran submitted a power of attorney form appointing a private attorney as his representative. However, in April 2021 correspondence the attorney stated that he was withdrawing as the representative in this matter, and that the Veteran had been notified of such withdrawal. 38 C.F.R. § 20.1305. To date, the Veteran has not appointed a new representative, and therefore will be treated as being pro se. Should the Veteran wish to appoint another representative, he is invited to submit a new power of attorney form in favor of his chosen Veterans Service Organization or other representative. 1. Entitlement to increased ratings for a lumbosacral strain, left lower extremity radiculopathy and a left knee disability, reopening of service connection for cervical spine, bilateral foot, left hip and right knee disabilities, and service connection for a left elbow and bilateral wrist disabilities. Since the most recent September 2019 statement of the case adjudicating the issues on appeal, additional VA treatment records and numerous VA examination reports have been associated with the file which are pertinent to the issues on appeal. 38 C.F.R. § 20.1305(c). In September 2021 correspondence, the Veteran was asked whether he wished to have his appeal remanded so that the RO could consider this new evidence, or whether he wished to have the Board consider the evidence in the first instance. The letter further stated that if no response was received within 45 days, the Board would assume that he wished to have his appeal remanded so that the RO could consider the newly added evidence. To date, the Veteran has not responded to the September 2021 letter. As such, the Board must remand the current appeal so that the RO may readjudicate the issues on appeal in light of the evidence associated with the file since the September 2019 statement of the case. 38 C.F.R. § 20.1305(c). The matters are REMANDED for the following action: Readjudicate the issues on appeal. If the determination remains unfavorable to the Veteran, he should be furnished a supplemental statement of the case and afforded the applicable time period in which to respond. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Wendell, 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.