Citation Nr: 21072701
Decision Date: 12/06/21	Archive Date: 12/06/21

DOCKET NO. 17-46 257
DATE: December 6, 2021

REMANDED

Entitlement to initial disability ratings in excess of 10 percent prior to January 29, 2021, and in excess of 40 percent since, for degenerative arthritis of the spine is remanded.

Entitlement to an initial disability rating in excess of 10 for left knee strain evaluated on the basis of limitation of flexion is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1984 to April 1986.  This matter is on appeal of an October 2015 rating decision.  

In April 2019, the Board denied the Veteran's claims for earlier effective dates for the award of service connection for degenerative arthritis of the lumbar spine and for left knee strain, as well as initial increased disability ratings for the same disabilities.  The Veteran appealed that part of the April 2019 Board decision denying increased initial disability ratings for degenerative arthritis of the lumbar spine and for a left knee strain to the United States Court of Appeals for Veterans Claims (Court).  In August 2020, the Court granted a partial Joint Motion for Remand (JMR) by the Veteran's representative and the VA General Counsel.

The Board remanded the appeal for further development in December 2020.  

These claims were last adjudicated in a February 2021 Supplemental Statement of the Case (SSOC).  VA treatment records and examination reports were subsequently associated with the record.  In a September 2021 letter, the Board notified the Veteran and his representative that VA added additional pertinent evidence since the February 2021 SSOC (incorrectly noted to be dated in March 2021), and that he had 45 days to respond as to whether he wished to waive AOJ review of the evidence.  Further, the letter indicated the Board would assume the Veteran wished to have the AOJ review the pertinent evidence if the Veteran did not respond to the letter.  The Veteran did not respond to the letter.  As such, the AOJ must furnish the Veteran with a Supplemental Statement of the Case to address all additional evidence after the February 2021 SSOC.  38 C.F.R. §§ 19.31, 19.37 (2021). 

The matters are REMANDED for the following action:

Readjudicate the claims, with consideration of all evidence of record, to specifically include evidence associated with the record after the issuance of the February 2021 SSOC.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. J. Wells-Green

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.