Citation Nr: 21021354
Decision Date: 04/12/21	Archive Date: 04/12/21

DOCKET NO. 19-29 079A
DATE: April 12, 2021

REMANDED

Entitlement to a rating in excess of 30 percent for posttraumatic stress disorder (PTSD) is remanded.

Entitlement to a compensable rating for left mandible fracture residuals. 

Entitlement to a compensable rating for residuals of a shell fragment wound with loss of teeth is remanded.

Entitlement to a total disability rating based on individual unemployability due to service-connected disorders is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1965 to September 1968.

These matters are before the Board of Veterans’ Appeals (Board) on appeal of February 2018, March 2018 and January 2019 Department of Veterans Affairs (VA) rating decisions by the Agency of Original Jurisdiction (AOJ).

Entitlement to increased ratings for PTSD, left mandible fracture residuals, residuals of a shell fragment wound with loss of teeth, and entitlement to a TDIU.

In his December 2019 VA Form 9, the Veteran requested a formal hearing before a Decision Review Officer (DRO), rather than a Board hearing. A June 2020 DRO Conference Report notes that the Veteran’s case was mistakenly certified to the Board prior to the completion of the requested DRO hearing and indicated that remand by the Board was required in order to schedule the Veteran for the requested DRO hearing. In June 2020, the Veteran’s representative requested that the Board remand the appeal in order to schedule the Veteran for a DRO hearing. In order to honor the Veteran’s request, the case is remanded for scheduling of a DRO hearing. 

The matters are REMANDED for the following action:

Schedule the Veteran for a hearing before a DRO to address the remanded claims. 

 

 

SCOTT W. DALE

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Paul J. Bametzreider

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.