Citation Nr: 21025991
Decision Date: 04/29/21	Archive Date: 04/29/21

DOCKET NO. 17-00 209
DATE: April 29, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for service-connected right thumb injury residuals is remanded.

REASONS FOR REMAND

The Veteran had active service from June 1991 to September 1991, and from November 1992 to March 1994. He was afforded a hearing before the undersigned in October 2020. A copy of that transcript is of record.

1. Entitlement to a rating in excess of 10 percent for service-connected right thumb injury residuals is remanded.

After review of the record, the Board regrettably finds that a remand for further development is warranted.

A remand is required to have the RO issue a supplemental statement of the case (SSOC) that addresses evidence received into the record since issuance of the October 2017 supplemental statement of the case (SSOC). Here, after issuance of the October 2017 SSOC, additional evidence was received into the record and is relevant to the claim on appeal, specifically, a VA examination report to determine the severity of the Veteran’s service-connected right thumb injury residuals dated May 2018. As the October 2015 rating decision denied an increased rating for the right thumb injury residuals on the basis of lack of evidence of increased severity, this evidence is relevant and material to the current appeal. This examination report has not been considered by the Agency of Original Jurisdiction (AOJ) with respect to the issue on appeal, and no waiver of initial RO consideration has been received.

The matters are REMANDED for the following action:

1. The AOJ should review the record to include the May 2018 VA examination report and other pertinent evidence in the claims file that was not addressed in the October 2017 SSOC.

2. Thereafter, readjudicate the issue on appeal. If the benefit sought on appeal remains denied, issue an SSOC and provide the Veteran with an opportunity to respond. Then return the case to the Board, if otherwise in order.

 

 

Thomas H. O'Shay

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Peden

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.