Citation Nr: 21021123
Decision Date: 04/09/21	Archive Date: 04/09/21

DOCKET NO. 15-36 803
: April 9, 2021

REMANDED

The issue of a compensable rating for pulmonary fibrosis associated with scleroderma with Raynaud’s Phenomenon is remanded.

The issue of a compensable rating for a residual scar associated with scleroderma with Raynaud’s Phenomenon is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from June 1963 to May 1966; January 1974 to October 1976; and August 1983 to September 1985. 

In February 2021, the Veteran’s attorney requested to withdrawal as his representative. This was prior to certification to the Board of Veteran’s Appeal (Board); therefore, the request is granted. 38 C.F.R. §§ 14.631, 20.6(b). The Veteran is unrepresented. 

This matter previously included the issues of entitlement to an increased rating for scleroderma with Raynaud’s Phenomenon and entitlement to a total disability rating for compensation purposes based on individual unemployability (TDIU). These matters were granted in full in a November 2020 rating decision and they are no longer on appeal. 

1. Entitlement to a compensable rating for pulmonary fibrosis associated with scleroderma with Raynaud’s Phenomenon is remanded.

2. Entitlement to a compensable rating for a residual scar associated with scleroderma with Raynaud’s Phenomenon is remanded.

The matters are REMANDED for the following action:

1. BACKGROUND FOR THE RO ADJUDICATOR

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The issues of entitlement to compensable ratings for pulmonary fibrosis and a residual scar were remanded in January 2019 in order to complete additional development and to issue a supplemental statement of the case to address newly-received evidence. Although additional development was completed and the other two issues in the January 2019 remand were readjudicated, the RO failed to readjudicate the above issues and did not provide the Veteran with a supplement statement of the case.

2. Readjudicate the issues on appeal. If any benefit sought remains denied, furnish the Veteran with a supplemental statement of the case. Allow an appropriate period for response before returning the appeal to the Board for review.

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.