Citation Nr: 21021443
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 15-42 993
DATE: April 13, 2021

REMANDED

Entitlement to a compensable evaluation for status post tendon laceration, left little finger, with residual scar is remanded.  

Entitlement to a compensable evaluation for status post tendon laceration, left ring finger is remanded.  

REASONS FOR REMAND

The Veteran had active service with the Navy from February 1963 to January 1967.  

This matter is on appeal to the Board of Veterans’ Appeals (the Board) from a June 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

In November 2018, the Veteran testified in a hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is not in the evidence of record.  In December 2020, the Veteran was informed that a hearing transcript could not be produced due to an audio malfunction heard throughout his testimony in the Digital Audio Recording System (DARS).  He was offered the opportunity to testify in another hearing per 38 § C.F.R. 20.717.  Since no response was received within 30 days the Board will proceed with the appeal.  

In September 2016, the RO issued a Supplemental Statement of the Case (SSOC).  However, the Board notes that additional pertinent evidence was received and associated with the Veteran’s claims files since the RO’s issuance of the SSOC.  Updated VA treatment records were associated with the claims file in March 2017, November 2018, and December 2018.  

The Board may not consider additional evidence not previously reviewed by the Agency of Original Jurisdiction (AOJ) unless a waiver of initial AOJ review is obtained from the Veteran.  See 38 C.F.R. § 20.1304(c).

In February 2021, a waiver solicitation letter was sent to the Veteran, informing him that he had 45 days from the date of the letter to respond.  If no response was received, it would be assumed the Veteran did not wish the Board to decide the appeal at this time and the claim would be remanded to the AOJ for review.  On March 3, 2021, the Veteran’s response was received.  He requested the appeal be remanded to the AOJ for review of the additional evidence submitted in his appeal.

Therefore, the claim must be remanded for initial consideration by the AOJ and issuance of a SSOC.  See 38 §§ C.F.R. 19.31, 19.37, 20.1304.    

The matters are REMANDED for the following action:

After completion of any additional development deemed necessary, the issues on appeal should be reviewed with consideration of all applicable laws and regulations.  If any benefit sought remains denied, the Veteran and his representative should be furnished with a SSOC and be afforded the opportunity to respond.  Thereafter, the case should be returned to the Board for further consideration.   

 

MICHAEL LANE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K.L. Byers

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.