Citation Nr: 21077298
Decision Date: 12/29/21	Archive Date: 12/29/21

DOCKET NO. 18-54 502
DATE: December 29, 2021

REMANDED

Entitlement to a compensable rating prior to January 7, 2010, and in excess of 30 percent on and after January 7, 2010, for bilateral pes planus with callosities is remanded.  

REASONS FOR REMAND

The Veteran had active service from January 1966 to January 1968 and from October 1972 to July 1974.  

Entitlement to a compensable rating prior to January 7, 2010, and in excess of 30 percent on and after January 7, 2010, for bilateral pes planus with callosities is remanded.  

In October 2021, the report of an October 2021 Department of Veterans Affairs (VA) foot examination was received.  In November 2021, the Board informed the Veteran of his right to waive initial Agency of Original Jurisdiction review of the additional relevant VA records.  The Board informed the Veteran that, if he did not respond within 45 days, it would be assumed that he did not wish to waive Agency of Original Jurisdiction review of the additional VA examination documentation received since the last supplemental statement of the case.  The Veteran did not respond to the Board's notice.  

The matter is REMANDED for the following action:

1. Readjudicate the issue of entitlement to a compensable rating prior to January 7, 2010, and in excess of 30 percent on and after January 7, 2010, for bilateral pes planus with callosities.  If the benefit sought on appeal remains denied, issue a supplemental statement of the case to the Veteran which addresses all relevant actions taken on the Veteran's claim for benefits, to include a summary of the evidence and applicable law and regulations considered, since the issuance of the last supplemental statement of the case.  The Veteran should be given the opportunity to respond to the supplemental statement of the case before the case is returned to the Board.

  

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.