Citation Nr: 21076342
Decision Date: 12/23/21	Archive Date: 12/23/21

DOCKET NO. 17-38 641
DATE: December 23, 2021

REMANDED

Entitlement to service connection for left shoulder condition is remanded.

Entitlement to service connection for left elbow condition is remanded. 

Entitlement to service connection for left knee condition is remanded.

Entitlement to an initial compensable rating for tinea pedis is remanded.

REASONS FOR REMAND

The veteran had active service from April 1991 to January 1995, November 2001 to September 2003, August 2004 to May 2005 and August 2017 to August 2018.

These matters come before the Board of Veterans' Appeals (BVA or Board) from an August 2014  rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  These matters were previously before the Board in May 2020, at which time the matters were remanded for further development; namely, to afford the veteran VA examinations to assess the severity and etiology of the claims on appeal. VA examinations were afforded to the veteran in October 2020.

To ensure due process of law, the Board finds that remand is necessary for readjudication with consideration of evidence added to file since issuance of the last Supplemental Statement of the Case (SSOC).

Here, VA has associated to the claims file additional evidence since the November 2020 SSOC; namely, VA medical records dated through February 2021.  See CAPRI (March 2021). The Board afforded the Veteran an opportunity to waive consideration of this evidence by the RO. See BVA Letter (September 2021). However, no response has been received. Therefore, the Board finds that remand is required so that the issues can be readjudicated with consideration of the evidence added to record and, if warranted, issuance of a SSOC. See 38 C.F.R. § 19.31(c).

The matters are REMANDED for the following action:

Readjudicate the claims based on consideration of evidence added to the file since the last SSOC and, if the benefits sought are not granted in full, issue a SSOC to the Veteran and his representative.

 

SONJA S. AN

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Pendleton, N.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.