Citation Nr: 21029010
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 15-44 479
DATE: May 12, 2021

REMANDED

Entitlement to service connection for left lower leg varicose veins, to include whether new and material evidence has been received to reopen the claim, is remanded.

Entitlement to service connection for right lower leg varicose veins, to include whether new and material evidence has been received to reopen the claim, is remanded.

REASONS FOR REMAND

The Veteran had active duty service with the United States Army from September 1953 to November 1957.  These matters come before the Board of Veterans' Appeals (Board) on appeal from a January 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

These issues were previously before the Board in June 2017, June 2020, and March 2021.  The case has been returned to the Board for further appellate review.

The Board notes that the appeal is advanced on the docket due to the Veteran's advanced age pursuant to 38 C.F.R. § 20.800(c).

1. Entitlement to service connection for left lower leg varicose veins is remanded.

2. Entitlement to service connection for right lower leg varicose veins is remanded.

Although the RO determined that new and material had been received and reopened the Veteran's claim, there has not been substantial compliance with the Board's remand directives, and another remand is required.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).  

The June 2017, June 2020, and March 2021 Board remands directed the RO to make a formal finding indicating what evidence was relied upon in determining that a November 1957 rating decision initially denied service connection for varicose veins of the bilateral lower extremities, as there does not appeared to have been any evidence related to a November 1957 rating decision currently associated with the claims file.  See January 2013 Rating Decision ("This condition was already denied on November 1, 1957").

Nevertheless, a formal finding regarding a November 1957 rating decision is not associated with the record.  Rather, in the March 2021 supplemental statement of the case (SSOC) the RO made an implicit finding that the decision at issue did not exist.  The unavailability of the November 1957 rating decision, if the reference to this rating decision was not in error, continues to frustrate appellate review of these claims.  As noted in previous Board remands, the Board finds it necessary to seek clarification regarding the November 1957 rating decision because it must assess the basis for the prior denial.  See Jackson v. Principi, 265 F. 3d 1366, 1369 (Fed. Cir. 2001).  

As such, the case is being returned to the RO for a detailed explanation as to what evidence was relied upon in its January 2013 determination that a November 1957 rating decision initially denied service connection for varicose veins.

 

The matters are REMANDED for the following actions:

1. Associate a formal finding with the claims file indicating what evidence was relied upon in the determination that a November 1957 rating decision initially denied service connection for varicose veins affecting the bilateral lower extremities, as there does not appear to be any evidence related to a November 1957 rating decision currently associated with the claims file.

See January 2013 Rating Decision ("This condition was already denied on November 1, 1957").

2. Thereafter, and after any further development deemed necessary, the issues on appeal should be readjudicated.

 

Amanda Baker

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Hennessy, 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.