Citation Nr: 21028660
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 09-29 952
DATE: May 11, 2021

REMANDED

Entitlement to an increased disability rating for lumbosacral strain with degenerative changes in excess of 10 percent from December 13, 2006 to November 9, 2016; 20 percent from November 10, 2016 to November 17, 2020; and 40 percent thereafter is remanded.

REASONS FOR REMAND

Remand is warranted as a supplemental statement of the case (SSOC) was not issued after an addendum opinion were obtained.  The agency of original jurisdiction (AOJ) will furnish the appellant and his or her representative, if any, a SSOC when the AOJ receives additional pertinent evidence after the most recent SSOC has been issued and before the appeal is certified to the Board of Veterans' Appeals and the appellate record is transferred to the Board.  38 C.F.R. § 19.31.  Here, a SSOC was issued on January 2021.  However, an addendum opinion relevant to the claim was subsequently obtained in February 2021.  The AOJ did not issue a SSOC addressing this pertinent February 2021 VA addendum opinion.  Additionally, the Veteran has not indicated that the matter was resolved to his satisfaction.  Accordingly, the issue is remanded to the AOJ for the readjudication and issuance of 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 January 2021 SSOC, including the February 2021 VA addendum opinion.  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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.