Citation Nr: 21015080
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 07-17 432A
DATE: March 16, 2021

REMANDED

Service connection for a left ankle condition, to include as secondary to the service-connected right ankle sprain.

Service connection for a respiratory condition, to include as a result of diesel fuel fumes and asbestos exposure.

Entitlement to a rating higher than 20 percent for the lumbar spine disability prior to January 1, 2007.

Entitlement to a rating higher than 10 percent for the lumbar spine disability between January 1, 2007, and December 18, 2012.

Entitlement to a rating higher than 40 percent for the lumbar spine disability as of December 19, 2012.

Whether the reduction of the Veteran’s rating for the lumbar spine disability from 20 percent to 10 percent effective January 1, 2007, was proper.

Entitlement to a total disability rating based on individual unemployability (TDIU) due to the service-connected lumbar spine disability. 

REASONS FOR REMAND

The Veteran served on active duty from July 1994 to July 1998. 

These matters come to the Board of Veterans’ Appeals (Board) on appeal from rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO) in March 2006 and October 2006. A transcript of testimony provided by the Veteran and his parents in June 2012 during a videoconference hearing before the undersigned Veterans Law Judge is of record. The Board remanded the claims in September 2012 and June 2017.

1. Service connection for a left ankle condition, to include as secondary to the service-connected right ankle sprain, is remanded.

2. Service connection for a respiratory condition, to include as a result of diesel fuel fumes and asbestos exposure, is remanded.

3. Entitlement to a rating higher than 20 percent for the lumbar spine disability prior to January 1, 2007, is remanded.

4. Entitlement to a rating higher than 10 percent for the lumbar spine disability between January 1, 2007, and December 18, 2012, is remanded.

5. Entitlement to a rating higher than 40 percent for the lumbar spine disability as of December 19, 2012, is remanded.

6. Whether the reduction of the Veteran’s rating for the lumbar spine disability from 20 percent to 10 percent effective January 1, 2007, was proper is remanded.

7. Entitlement to a TDIU due to the service-connected lumbar spine disability is remanded.

The Board sent a letter to the Veteran dated December 29, 2020, asking him if he wanted additional evidence received after his claims were certified to the Board on April 2, 2019, to be considered by the agency of original jurisdiction (AOJ) or if he wanted to waive his right to have the AOJ consider the evidence before the Board did. The Veteran’s response to the Board letter was received in February 2021 and he requested that his case be remanded to the AOJ for review of the evidence.

The matters are REMANDED for the following action:

Issue a supplemental statement of the case that considers all evidence received after the claims were certified       to the Board on April 2, 2019, as well as the issue of entitlement to a TDIU due to the service-connected lumbar spine disability. 

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Van Wambeke, 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.