Citation Nr: 21013759
Decision Date: 03/10/21	Archive Date: 03/10/21

DOCKET NO. 16-12 867
DATE: March 10, 2021

REMANDED

Entitlement to an initial compensable rating prior to in excess of 30 percent for hidradenitis is remanded. 

REASONS FOR REMAND

The Veteran had active service from May 1970 to January 1972. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

In October 2017, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Travel Board hearing.  A transcript of his testimony is of record. 

This matter was last before the Board in October 2020, when it was remanded for additional development.

In a December 2020 correspondence, the Veteran asserted that the failure to assign an effective date prior to January 8, 2015 for the 30 percent rating was due to “clear cut ‘unmistakable errors’ committed by” VA. However, the to the extent that the Veteran is attempting to assert that there was clear and unmistakable error (CUE) in the November 2020 rating decision, which granted the 30 percent disability rating for hidradenitis effective January 8, 2015, that decision is not final.  As such, to the extent that the Veteran was attempting to raise a CUE motion, that motion is not ripe.  See 38 C.F.R. § 3.105(a) (2020) (stating that only a prior final decision can be subject to a CUE motion); see also Link v. West, 12 Vet. App. 39, 45 (1998) (holding that, as a matter of law, a CUE motion challenging a nonfinal decision cannot exist).

1. Entitlement to an initial compensable rating in excess of 30 percent for hidradenitis is remanded.

While further delay is regrettable, the record reflects that the Veteran receives Social Security Administration (SSA) disability benefits, with an initial entitlement date in 1999.  Specifically, an October 19, 2020 SSA inquiry response indicates that the Veteran receives Title II SSA benefits.  To date, the Veteran’s  SSA records have not been requested or otherwise associated with the claims file.  Accordingly, such records should be requested on remand.  See Murincsak v. Derwinski, 2 Vet. App. 363, 369-70 (1992). 

Updated treatment records should also be requested.

The matters are REMANDED for the following actions:

1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disabilities.  After securing any necessary releases, request any relevant records identified.  In addition, obtain updated VA treatment records dated   since September 8, 2020.  If any requested records are unavailable, the Veteran should be notified of such.

2. Request all relevant documents pertaining to any application by the Veteran for SSA disability benefits, including the medical records considered in deciding     the claim.

 

3. If the claim remains denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Anderson

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.