Citation Nr: 21075568
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 18-33 632
DATE: December 20, 2021

REMANDED

Entitlement to an initial disability rating in excess of 10 percent for service-connected residuals of right-hand puncture injury is remanded.

REASONS FOR REMAND

The Veteran had active service from February 1985 to March 1989.

This matter is before the Board of Veterans' Appeals (Board) on appeal of the February 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

In the July 2019 decision, the Board denied the Veteran's claim for entitlement to service connection for entitlement to an initial rating in excess of 10% for residuals status post right-hand puncture injury, The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In June 2020, the parties filed a Joint Motion for Partial Remand (JMPR) moving for vacatur of the July 2019 decision's denial of entitlement to service connection for an initial rating in excess of 10% for residuals status post right-hand puncture injury.  On June 15, 2020, the Court issued an Order granting the JMPR and remanding the matter to the Board for further development and proceedings pursuant to 38 U.S.C. § 7252(a).

Entitlement to an initial disability rating in excess of 10 percent for service-connected residuals of right-hand puncture injury is remanded.

Appellants are entitled to initial review by the Agency of Original Jurisdiction (AOJ) of evidence added to the file by the Department of Veterans Affairs (VA), and waiver of such review may not be presumed. See 38 U.S.C.§ 7104(a); 38 C.F.R. § 20.1304. 

Here, additional evidence has been added to the file by VA since a Supplemental Statement of the Case (SSOC) was issued in March 2021 and the matter has not been readjudicated by the AOJ in a SSOC since that time. The Veteran was notified in an October 2021 Correspondence that the Board received VA treatment/examination records from a government facility that was not previously considered by the AOJ and requested a waiver. In November 2021, the Veteran responded and requested that the Board remand his case back to the AOJ for review of the additional evidence that was submitted in his appeal. Therefore, the appeal must be remanded so that an SSOC may be issued that considers all evidence of record. 38 C.F.R. § 20.1304(c).

The matter is REMANDED for the following action:

(Continued on the next page)

 

Readjudicate the issues on appeal taking into consideration all newly acquired evidence since the March 2021 Supplemental Statement of the Case. If the benefit sought on appeal remains denied, provide an additional supplemental statement of the case to the Veteran and his representative, and return the appeal to the Board for appellate review, after the Veteran and his representative have had an adequate opportunity to respond.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Quist Associate 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.