Citation Nr: 21012841
Decision Date: 03/05/21	Archive Date: 03/05/21

DOCKET NO. 12-04 452
DATE: March 5, 2021

REMANDED

Entitlement to a disability evaluation in excess of 10 percent for service-connected right wrist strain with joint pain and decreased range of motion is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1984 to March 1990. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. The Veteran testified before the undersigned Veterans Law Judge (VLJ) via videoconference in November 2015. A transcript is of record. This matter was previously remanded by the Board in July 2016, November 2019, and June 2020 for further development.  

1. Entitlement to a disability evaluation in excess of 10 percent for service-connected right wrist strain with joint pain and decreased range of motion is remanded.

Unfortunately, another remand is warranted in this case. The Board sincerely regrets this delay, but further development is necessary in order to adequately adjudicate the Veteran’s claim. 

In this regard, the Veteran was provided with a Supplemental Statement of the Case (SSOC) in September 2020. Since that time, additional relevant evidence has been associated with the Veteran's file, including VA treatment records added in November 2020, which document treatment for his right wrist disability on September 23, 2020. As such, remand is required for the issuance of an additional SSOC. See 38 C.F.R. §§ 19.31, 19.37.

The Board notes that private medical records concerning the Veteran’s right wrist disability were obtained by the RO in February 2021. These records were received 90 days after the Veteran’s claim was docketed at the Board on October 26, 2020. See October 2020 Board Letter.  See generally 38 C.F.R. § 20.1304.  However, as the case is being remanded, the RO should consider these records as well. 

As the claim must be remanded, the Veteran's updated VA treatment records should also be obtained.

The matters are REMANDED for the following action:

1. Obtain the Veteran’s VA treatment records, dated from November 2020 forward. 

2. After conducting any other development deemed necessary, readjudicate the Veteran's claim on appeal. If the benefit sought on appeal remains denied, provide the Veteran and his representative with a supplemental statement of the case (SSOC) that considers all evidence associated with the file since September 2020 and allow an appropriate period of time for response. Thereafter, the claims folder should be returned to the Board.

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Mohammad

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.