Citation Nr: 21026761
Decision Date: 05/03/21	Archive Date: 05/03/21

DOCKET NO. 14-41 221
DATE: May 3, 2021

REMANDED

Entitlement to an increased disability rating in excess of 40 percent for lumbosacral sprain with mild diffuse degenerative disc changes is remanded.  

REASONS FOR REMAND

Having reviewed the record, the Board finds that remand is warranted.  Since the issuance of the August 2020 supplemental statement of the case (SSOC), updated VA treatment records were added to the file in November 2020, February 2021, and April 2021.  This evidence has not yet been addressed in either a rating decision or a SSOC.  In a February 2021 correspondence, the Veteran was informed that he may submit a waiver so that the Board could review the case in the first instance.  To date, the Veteran has not responded.  

In light of the above, remand is warranted so that the AOJ may review the new evidence in the first instance.  If the case is not granted in full, the AOJ should issue a SSOC.  

The matter is REMANDED for the following action:

Review all relevant evidence that has been associated with the claims file since the issuance of the August 2020 SSOC, including updated VA treatment records.  Thereafter, readjudicate the Veteran's claim.  If the claim is not granted in full, issue a SSOC.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Vang, Stephanie

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.