Citation Nr: 21074651 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 14-40 425 DATE: December 15, 2021 REMANDED Entitlement to an initial disability evaluation in excess of 10 percent for service-connected right knee disorder is remanded. Entitlement to an initial compensable disability evaluation for service-connected hemorrhoid disability from August 22, 2013, to September 3, 2014, is remanded. Entitlement to an initial disability evaluation in excess of 10 percent for service-connected hemorrhoid disability from September 3, 2014, to June 27, 2017, is remanded. Entitlement to an initial disability evaluation in excess of 20 percent for service-connected hemorrhoid disability from June 27, 2017, is remanded. Entitlement to an initial compensable disability evaluation for service-connected bilateral great toenail dystrophy is remanded. REASONS FOR REMAND The Veteran had active service in the United States Air Force from June 1982 to July 1992, January 2002 to October 2002, February 2004 to April 2004, and from May 2013 to August 2013. His service was under honorable conditions. In August 2015, the Veteran testified at a videoconference hearing before a Veterans Law Judge (VLJ). A transcript of this hearing has been prepared and associated with the evidence of record. The VLJ who conducted the August 2015 hearing is no longer with the Board. In a December 2018 letter, the Board notified the Veteran of this and afforded him the opportunity for a new hearing before another VLJ. No response has been received. Therefore, as notified in the December 2018 letter, the Board will proceed assuming another hearing is not sought with respect to these matters. In December 2016 and July 2020, the Board remanded the issues on appeal for further evidentiary development. In July 2020, the Board in pertinent part, denied the claim of entitlement to an initial compensable rating for service-connected bilateral great toenail dystrophy. The Veteran appealed the Board's decision to the U.S. Court of Appeals for Veterans Claims (Court). While the matter was pending before the Court, in August 2021, the Veteran's representative and a representative of VA's General Counsel filed a joint motion for partial remand. In August 2021, the Court granted the parties' motion, vacated the Board's July 2020 decision denying an initial compensable evaluation for service-connected bilateral great toenail dystrophy, and remanded the matter for action consistent with the terms of the joint motion. In October 2021, the Board remanded these matters for further development. While the requested development was performed, the RO did not issue a SSOC as was requested in the prior remand. Moreover, additional medical evidence was recently added to the record. A remand by the Board confers on the Veteran, as a matter of law, the right to compliance with the remand. Stegall v. West, 11 Vet. App. 268 (1998). The appropriate Board action is to remand this issue for issuance of a SSOC. The matters are REMANDED for the following action: The AOJ should readjudicate the claim of entitlement to an initial disability evaluation in excess of 10 percent for service-connected right knee disorder; an initial compensable disability evaluation for service-connected hemorrhoid disability from August 22, 2013, to September 3, 2014; an initial disability evaluation in excess of 10 percent for service-connected hemorrhoid disability from September 3, 2014, to June 27, 2017; initial disability evaluation in excess of 20 percent for service-connected hemorrhoid disability from June 27, 2017; and an initial compensable disability evaluation for service-connected bilateral great toenail dystrophy. If any benefit sought on appeal remains denied, issue a SSOC and allow the appropriate time for response. Then, return the case to the Board for further appellate review. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. S. Kelly, 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.