Citation Nr: 21029536
Decision Date: 05/13/21	Archive Date: 05/13/21

DOCKET NO. 16-59 711
DATE: May 13, 2021

REMAND

Entitlement to a rating in excess of 10 percent for service-connected perforated duodenal ulcer with gastritis and gastroesophageal reflux disease (GERD) with history of peritonitis prior to February 6, 2017 and 20 percent thereafter is remanded.  

REASONS AND BASES FOR REMAND

The Veteran had active military service from October 1976 to October 1996.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

By way of background, in July 2019, the Board partially granted the Veteran's claim for an increased rating for his service-connected perforated duodenal ulcer.  The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (Court).  Pursuant to an April 2020 Joint Motion for Partial Remand (JMPR), the Court issued an order partially vacating the Board's July 2019 decision, and remanded the issue stated above to the Board for action consistent with the JMPR.  The issue is once again before the Board. 

In March 2021, the Veteran withdrew Douglas G. Jackson as his representative for all matters before VA.  See March 2021 Third Party Release of Information.

Following the issuance of the June 2017 supplemental statement of the case (SSOC), the Veteran was afforded a VA examination in December 2020.  Additionally, numerous VA treatment records has been associated with the file.  Despite the additional treatment records and VA examinations, a SSOC was not issued.  38 C.F.R. § 19.31(b)(3).  Accordingly, a remand is warranted in order to issue a SSOC.

Reason for Remand:

The RO should readjudicate the claim on appeal.  If the claim remains denied, the RO should then issue a SSOC before returning the case to the Board.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.