Citation Nr: 21026571
Decision Date: 05/03/21	Archive Date: 05/03/21

DOCKET NO. 16-04 914
DATE: May 3, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for residuals of a right middle finger fracture is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1978 to October 1982.  

This issue comes before the Board of Veterans' Appeals (Board) on appeal from a March 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

This case was before the Board in June 2018 and July 2020.  The Veteran's claim was remanded for additional development.  The case is now again before the Board for further appellate action.

Entitlement to a rating in excess of 10 percent for residuals of a right middle finger fracture is remanded.

In July 2020, the Board remanded the Veteran's claim for a new VA examination to adequately document the current severity of the Veteran's right middle finger disability.

The Veteran was provided another VA examination of his right middle finger in April 2021.  However, a Supplemental Statement of the Case (SSOC) that addresses the increased rating claim for the Veteran's right middle finger disability has not been issued.  

The AOJ is required to issue a SSOC when, pursuant to a Board remand, it develops evidence or cures a procedural defect.  38 C.F.R. § 19.31(c).  The only exceptions allowed for by the regulation are if: (1) the only purpose of the remand is to assemble records previously considered by the AOJ and properly discussed in a prior statement of the case or SSOC, or (2) the Board specifies in the remand that a SSOC is not required.  Id.  The Board's July 2020 Remand falls under neither exception.  Accordingly, on remand the RO must issue a SSOC after a review of all relevant evidence that addresses entitlement to a rating in excess of 10 percent for the Veteran's right middle finger disability.

The matter is REMANDED for the following action:

1. Obtain all outstanding VA treatment records.

2. With any necessary assistance from the Veteran, obtain all outstanding relevant private treatment records.

3. Adjudicate the issue of entitlement to a rating in excess of 10 percent for residuals of a right middle finger fracture is remanded.

4. If any determination remains unfavorable to the Veteran, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner.  See 38 U.S.C. § §§ 5109B, 7112. 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Moore, 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.