Citation Nr: 21007793
Decision Date: 02/10/21	Archive Date: 02/10/21

DOCKET NO. 15-03 559
DATE: February 10, 2021

REMANDED

Entitlement to an increased rating for hemorrhoids prior to July 12, 2019 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 2009 to May 2012.

This case comes before the Board of Veterans’ Appeals (Board) from a rating decision by the Buffalo Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judge at a videoconference hearing in April 2018. A transcript of the hearing has been associated with the file.

This case was remanded by the Board in September 2018 for additional development, after which the Veteran’s hemorrhoid disability rating was increased to 20 percent, (the maximum schedular rating), effective from July 2019.   Unfortunately, the matter must be remanded again.

Following issuance of the May 2020 supplemental statement of the case (SSOC), the RO added VA treatment records to the Veteran’s claims file. In December 2020, the Board offered the Veteran and his representative an opportunity to waive initial Regional Office consideration of this new evidence. The letter notified the Veteran and his representative that if no response was received within 45 days of the date of the letter, then the Board will assume that the Veteran does not wish for the Board to decide the claim at this time and will remand for RO consideration. 

Neither the Veteran nor his representative responded within 45 days. Thus, the Veteran has effectively not waived initial RO consideration of the evidence added to the claims file since the May 2020 SSOC. The Board, therefore, must remand the issue remaining on appeal for the RO to readjudicate the claim following review of the evidence submitted since May 2020. 

The matter is REMANDED for the following action:

The AOJ should readjudicate the claim for an increased rating for hemorrhoids prior to July 12, 2019, to include review of all additional evidence added to the record since the May 2020 SSOC. 

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.