Citation Nr: 21027889
Decision Date: 05/07/21	Archive Date: 05/07/21

DOCKET NO. 15-18 430A
DATE: May 7, 2021

REMANDED

Entitlement to a disability rating in excess of 10 percent for service-connected perianal abscess (previously evaluated as furunculosis) prior to June 4, 2019, is remanded.

Entitlement to a disability rating in excess of 30 percent for service-connected perianal abscess (previously evaluated as furunculosis) from June 4, 2019, is remanded.

Entitlement to a total disability rating due to individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1986 to March 1989 and from July 1989 to January 1992.  

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

VA developed additional evidence, relevant to the issues listed above, after issuance of the May 2020 supplemental statement of the case (SSOC).  The Board finds that a remand is required for the Agency of Original Jurisdiction (AOJ) to consider the additional evidence regarding the Veteran's increased rating claim for his perianal abscess and TDIU.  

Specifically, the Veteran was afforded a VA examination in July 2020 to evaluate the severity of his perianal condition and its impact on his occupational and social functioning.  Additionally, recent VA treatment records have been associated with the claims file.  This evidence has not been considered by the AOJ, as there is no indication that the AOJ subsequently issued a supplemental statement of the case (SSOC).  Thus, a remand is required for issuance of a SSOC.  See 38 C.F.R. §§ 19.31, 19.37(a).  

The matters are REMANDED for the following action:

Review all relevant evidence not previously addressed in the May 2020 SSOC and provide an SSOC.  Allow a reasonable period of time for a response. 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Ariasaif, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.