Citation Nr: 21015824
Decision Date: 03/18/21	Archive Date: 03/18/21

DOCKET NO. 13-22 739
DATE: March 18, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for right hip degenerative joint disease is remanded.

Entitlement to a rating in excess of 10 percent for left hip degenerative joint disease (thigh limitation of extension) prior to April 18, 2013; in excess of 40 percent from April 18, 2013 to December 19, 2018; and in excess of 10 percent, thereafter, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1989 to October 1991.

This case comes before the Board of Veterans’ Appeals (Board) on appeal from January 2011 and July 2013 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified before the undersigned Veterans Law Judge in January 2014, and a transcript of that hearing is of record. 

The Board finds there has been substantial compliance with the prior remand directives.  However, since the issuance of the September 2020 Supplemental Statement of the Case (SSOC), pertinent medical treatment records and VA examinations were associated with the claims file. Thus, the Board sent a letter to the Veteran on January 15, 2021, asking whether he would like to waive review of this evidence by the AOJ. The Veteran was informed that he had 45 days from the date of this letter to respond before the Board would assume that he did not wish to have his appeal decided at this time and would remand the appeal to the AOJ for review. As the Veteran has not responded to this letter, the Board must remand the issue for the AOJ review.

These matters are REMANDED for the following action:

Readjudicate the Veteran’s claims and provide a supplemental statement of the case (SSOC), which addresses all evidence received since September 2020.  After the Veteran and his representative have been given the applicable time to submit additional argument, the claims should be returned to the Board for further review.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Lee

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.