Citation Nr: 21025632
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 15-10 806
DATE: April 28, 2021

REMANDED

Entitlement to a rating in excess of 20 percent for a right ankle disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from October 1972 to September 1974 with additional service in the Navy Reserve. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a July 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

In April 2018, the Veteran testified before the undersigned Veterans Law Judge at a video conference hearing. A transcript of the hearing is of record.

1. Entitlement to a rating in excess of 20 percent for a right ankle disability is remanded.

The record reflects that subsequent to the issuance of the October 2019 supplemental statement of the case (SSOC), pertinent VA medical records were associated with the claims file. In February 2021, a letter was sent to the Veteran offering the option of waiving initial Agency of Original Jurisdiction (AOJ) consideration of this evidence pursuant to 38 C.F.R. § 20.1304(c). In March 2021, the Veteran declined to provide a waiver and requested a remand of the claims on appeal to the AOJ for review of the additional evidence. Accordingly, the Veteran’s appeal is remanded to the AOJ for readjudication and issuance of a supplemental statement of the case (SSOC). See 38 C.F.R. §§ 19.31, 19.37.

The matter is REMANDED for the following action:

1. Readjudicate the issue on appeal with consideration of all the evidence associated with the claims file since the issuance of the October 2019 SSOC. If any benefit sought on appeal remains denied, issue an SSOC and allow the appropriate time for response. Then, return the case to the Board for further appellate review.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Rosenthal, Ariana

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.