Citation Nr: 21009369
Decision Date: 02/22/21	Archive Date: 02/22/21

DOCKET NO. 18-09 178
DATE: February 22, 2021

REMANDED

The issue of an increased compensable rating from September 30, 2014 and continuing thereafter for residuals of pneumonia is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from March 1956 to January 1958.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision of the New York, New York Regional Office (RO).

In May 2019, the Veteran was afforded a hearing before the undersigned Veterans Law Judge (VLJ) sitting at the RO. During the hearing, the VLJ engaged in a colloquy with the Veteran toward substantiation of the claim. Bryant v. Shinseki, 23 Vet. App. 488, 496-97 (2010). A hearing transcript is in the record.

Residuals of pneumonia

The matter is remanded for the following action:

1. BACKGROUND FOR THE RO ADJUDICATOR

In October 2019, the Board denied the claim for an increased compensable rating for the Veteran’s residuals of pneumonia. The Veteran appealed the Board’s decision to the U.S. Court of Appeals for Veterans’ Claims (Court). In September 2020, the Court granted the Parties’ Joint Motion for Remand (JMR), vacated the October 2019 Board denial of the claim and remanded the Veteran’s appeal to the Board.

The Court found that based on the duty to assist, a VA examination was warranted to determine the current severity of the Veteran’s residuals of pneumonia.

2. Schedule the Veteran for a VA respiratory examination to assist in determining the current severity of his residuals of pneumonia.

3. Readjudicate the issue on appeal. If the benefit sought on appeal remains denied, the Veteran should be provided a supplemental statement of the case (SSOC). An appropriate period should be allowed before the case is returned to the Board. 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.