Citation Nr: 21007710
Decision Date: 02/10/21	Archive Date: 02/10/21

DOCKET NO. 15-18 751
DATE: February 10, 2021

REMANDED

Entitlement to a disability rating in excess of 20 percent for service-connected lumbar strain with degenerative disc disease from February 11, 2011, to October 21, 2018, and a disability rating in excess of 40 percent since October 22, 2018, is remanded.

Entitlement to a total disability rating based on unemployability due to service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1968 to March 1970.  A video-conference hearing was held before the undersigned Veterans Law Judge (VLJ) of the Department of Veteran’s Affairs (VA) Board of Veterans’ Appeals (Board) in August 2018.  A transcript of the hearing has been associated with the claims file.  In August 2018, the Board remanded the issue of entitlement to an increased rating for service-connected lumbar strain with degenerative disc disease for additional development; the claims file has been returned to the Board for adjudication. 

The Board, in its August 2018 remand, sought clarification from the Veteran as to whether he asserted entitlement to a TDIU in connection with his claim for an increased rating.  The Veteran, in response, filed an October 2018 claim of entitlement to a TDIU, which was denied by the VA Regional Office (RO) in a January 2019 rating decision.  The issue of entitlement to a TDIU was included in the RO’s July 2020 Supplemental Statement of the Case (SSOC) and returned to the Board for adjudication.  While the Veteran also filed a June 2020 Decision Review Request – Supplemental Claim in response to the RO’s January 2019 denial of a TDIU, such was unnecessary as the claim of entitlement to a TDIU is part of an ongoing Legacy appeal and currently before the Board, subject to the remand herein.  

1. Entitlement to a disability rating in excess of 20 percent for service-connected lumbar strain with degenerative disc disease from February 11, 2011, to October 21, 2018, and a disability rating in excess of 40 percent since October 22, 2018, is remanded.

2. Entitlement to a TDIU is remanded.

By the September 2011 VA Form 21-22a, Appointment of an Individual as Claimant’s Representative, the Veteran was previously represented by the California Department of Veterans Affairs.  However, by a June 2020 VA Form 21-22a, Appointment of an Individual as Claimant’s Representative, the Veteran elected to be represented by an individual representative, shown on the title page herein.  The RO, however, mailed the July 2020 supplemental statement of the case (SSOC) and August 2020 letter notifying the Veteran that his case had been returned to the Board to the Veteran’s previous representative.  On remand, the RO should forward the July 2020 SSOC to the Veteran’s current representative. 

The matters are REMANDED for the following action:

1. Mail a copy of the July 2020 SSOC to the Veteran’s current representative, as listed on the title page of this decision. 

2. Obtain the Veteran’s VA treatment records for the period from July 2020 to the present.

3. If deemed necessary, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected lumbar strain with degenerative disc disease. 

4. Then, readjudicate the Veteran's claims. If the claims are not granted in full, issue an SSOC.  Ensure that all correspondence is mailed to the Veteran’s current representative.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Department of Veterans Affairs

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.