Citation Nr: 21021930
Decision Date: 04/14/21	Archive Date: 04/14/21

DOCKET NO. 07-12 135
DATE: April 14, 2021

REMANDED

Entitlement to an initial disability rating in excess of 10 percent prior to June 18, 2012 and in excess of 60 percent thereafter for recurrent herpes simplex virus, type II is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1989 to February 1993. This matter comes before the Board of Veterans’ Appeals (Board) from a rating decision by a Department of Veterans Affairs (VA). The Veteran testified before the undersigned at an April 2010 Board hearing. A transcript of the hearing is of record.

The Board remanded this appeal to the VA Agency of Original Jurisdiction (AOJ) in September 2010 for additional development.

Entitlement to an initial disability rating in excess of 10 percent prior to June 18, 2012 and in excess of 60 percent thereafter for recurrent herpes simplex virus, type II is remanded.

Under 38 C.F.R. § 19.31, the AOJ will provide a supplemental statement of the case (SSOC) to the appellant and his/her representative when there are any material changes in, or additions to, the information included in the Statement of the Case or any prior SSOC. 

The AOJ last provided an SSOC in December 2011. Since December 2011, the Veteran has undergone several VA examinations directly related to the Veteran’s herpes simplex disability. As the December 2011 SSOC did not consider the additional VA examination reports and treatment records, remand is required. On remand, the AOJ must issue an SSOC and reconsider the Veteran’s appeal in light of all newly received relevant evidence since the December 2011 SSOC.

The matters are REMANDED for the following action:

Furnish the Veteran and his representative an SSOC on the issue of entitlement to an initial disability rating in excess of 10 percent prior to June 18, 2012 and in excess of 60 percent thereafter for recurrent herpes simplex virus, type II with consideration of all of the relevant evidence added to the record since the December 2011 SSOC and give him appropriate time to respond to it before returning the file to the Board for further appellate consideration of these claims.

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Robert Batten

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.