Citation Nr: 21075770
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 18-07 948
DATE: December 21, 2021

REMANDED

Entitlement to a rating in excess of 20 percent for osteoporosis of the lumbar spine is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1974 to January 1978 and April 1979 to May 1982.  The Board thanks him for his service to our country.  

In March 2020, the Board remanded several issues, including the issue on appeal.  The Board finds that the issue on appeal requires additional development.  

The Board observes that a January 2021 VA Report of General Information shows that the Veteran called VA and it was reported that "he has no further information to provide in regards (sic) to his back, and that he would like to close out his appeal claim."  The Board finds that the Veteran's statement does not constitute a clear withdrawal of the issue on appeal. In fact, as noted below, he later asked that it be remanded to the AOJ.  As a result, the Board will address the issue on appeal.  See 38 C.F.R. § 19.55 (b)(1).  

 

Entitlement to a rating in excess of 20 percent for osteoporosis of the lumbar spine is remanded.

The Board remands this issue for initial review of relevant VA medical evidence by the AOJ.  

An April 2021 VA Bones and Other Skeletal Conditions examination report that is relevant to the current claim was associated with the record after certification and transfer of the appeal to the Board.  Thus, on August 5, 2021, the Board sent a letter to the Veteran and his representative inquiring whether he wished to waive AOJ review of the new evidence.  The Board informed the Veteran that if he did not respond within 45 days, it would assume that he did not waive AOJ review.  In correspondence received on October 6, 2021, the Veteran asked the Board to remand his case back to the AOJ for review of the additional evidence that was submitted in his appeal.  In these circumstances, the law requires that the Board return the appeal to the AOJ for initial consideration of the new evidence.  38C.F.R. §§19.37 (b); 20.1305(c).  Thus, a remand for AOJ consideration of this evidence is warranted.

 

The matter is REMANDED for the following action:

Please readjudicate the issue of entitlement to a rating in excess of 20 percent for osteoporosis of the lumbar spine, with review of all evidence received since the December 2020 Supplemental Statement of the Case (SSOC).  If the benefit sought is not granted in full, furnish the Veteran and his representative with an SSOC and return the case to the Board. 

 .

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Davitian, 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.