Citation Nr: 21025753
Decision Date: 04/28/21	Archive Date: 04/28/21

DOCKET NO. 16-25 266
DATE: April 28, 2021

REMANDED

Entitlement to an initial rating in excess of 20 percent for right shoulder biceps tendonitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 2004 to November 2010.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  In December 2018, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is of record.  In April 2019, the Board remanded the case and it now returns for further appellate review. 

Entitlement to an initial rating in excess of 20 percent for right shoulder biceps tendonitis.

The Board finds that the Veteran’s appeal must be remanded for the issuance of a supplemental statement of the case.  In this regard, his claim for a higher initial rating for his right shoulder disability was most recently readjudicated by the Agency of Original Jurisdiction (AOJ) in an October 2020 supplemental statement of the case.  Thereafter, additional VA treatment records dated through October 2020, and November 2020 VA examination reports addressing the nature and severity of the Veteran’s right shoulder disability were associated with the record.  Thus, in February 2021, the Board solicited a waiver of AOJ consideration of such newly received evidence from the Veteran and his representative.  However, later the same month, the Veteran indicated that he did not wish to waive AOJ consideration and requested that his case be remanded so as to allow the AOJ to review the newly received evidence.  Therefore, a remand is necessary in order for the AOJ to consider the newly received evidence in the first instance. 

The matters are REMANDED for the following action:

Readjudicate the Veteran’s claim for an initial rating in excess of 20 percent for right shoulder biceps tendonitis based on the entirety of the evidence, to specifically include all evidence associated with the record since the issuance of the October 2020 supplemental statement of the case, which includes VA treatment records dated through October 2020 and a November 2020 VA examination reports. If the claim remands denied, the Veteran and his representative should be issued a supplemental statement of the case. 

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Koria B. Stanton, Associate 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.