Citation Nr: 21074689
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 17-31 709
DATE: December 16, 2021

REMANDED

Entitlement to a rating in excess of 20 percent for residuals of right shoulder dislocation disability is remanded.

Entitlement to a total disability evaluation based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Navy from June 1974 to June 1994.

This case comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions issued by the Department of Veterans Affairs (VA) Regional or Agency of Original Jurisdiction (AOJ) in St. Petersburg, Florida. 

In March 2020, these matters were last before the Board, at which time they were remanded for further development.  

 

1. Entitlement to a rating in excess of 20 percent for residuals of right shoulder dislocation disability is remanded.

2. Entitlement to a total disability evaluation based on individual unemployability (TDIU) is remanded.

Since the issuance of the latest supplemental statement of the case (SSOC), additional pertinent evidence in the form of VA examination records and reports were associated with the claims file.  Recognizing such, the Board requested a waiver of initial AOJ consideration of these records in a September 17, 2021, letter sent to the Veteran and his attorney.  The Veteran was notified in this letter that he had 45 days to respond, otherwise the Board would remand his claims.  The Veteran has not responded to VA's waiver request and the 45-day period has elapsed.  Accordingly, the issues are remanded to the AOJ for the readjudication and issuance of an SSOC, if warranted.  38 C.F.R. § 19.31.

The matters are REMANDED for the following action:

1. Given that the Veteran has not responded to VA's waiver request and the 45-day period has elapsed, the issues are remanded to the AOJ for readjudication and the issuance of a Supplemental Statement of the Case (SSOC), if warranted.  38 C.F.R. § 19.31.

 

K.A. KENNERLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Joseph R. Keselyak, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.