Citation Nr: 21030889 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 20-30 332A DATE: May 19, 2021 REMANDED Entitlement to service connection for pain to the neck and right arm, based on a VA Form 21-0958, Notice of Disagreement, received by VA on March 1, 2019, is remanded. Entitlement to service connection for posttraumatic stress disorder (PTSD), based on a VA Form 21-0958, Notice of Disagreement, received by VA on March 1, 2019, is remanded. (The issue of entitlement to service connection for pain to the neck and right arm, based on a VA Form 10182, Decision Review Request: Board Appeal, received by VA on June 26, 2019, is the subject of a separate decision of the Board under the Appeals Modernization Act.) REASONS FOR REMAND The Veteran served on active duty for training from October 1983 to March 1984 and had active duty service from May 1984 to January 1988. These matters come before the Board of Veterans' Appeals (Board) on appeal from February 2019 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). In February 2020, the Board dismissed the appeal of entitlement to service connection for pain to the neck and right arm as the Veteran did not submit a proper notice of disagreement. The Veteran appealed the Board's February 2020 dismissal of the appeal. In an Order dated in November 2020, the Court granted a November 2020 Joint Motion for Remand (JMR) of the parties (the Secretary of VA and the Veteran), vacated the Board's February 2020 decision, and remanded the case to the Board for readjudication consistent with the JMR. 1. Entitlement to service connection for pain to the neck and right arm, based on a VA Form 21-0958, Notice of Disagreement, received by VA on March 1, 2019, is remanded. 2. Entitlement to service connection for PTSD, based on a VA Form 21-0958, Notice of Disagreement, received by VA on March 1, 2019, is remanded. The November 2020 JMR found remand was warranted for the Board to address the February 2019 VA Form 21-0958 (although this form was associated with the record in February 2019, the intake date reflects a receipt date of March 1, 2019) and to explain if the Veteran's claim of entitlement to service connection for pain to the neck and right arm should be remanded to the Agency of Original Jurisdiction (AOJ) for the issuance of a Statement of the Case (SOC). In this regard, the February 2019 rating decision, in part, denied entitlement to service connection for pain to the neck and right arm and entitlement to service connection for PTSD. The Veteran submitted a VA Form 21-0958, Notice of Disagreement, received by VA on March 1, 2019, as to his disabilities of pain to the neck and right arm and PTSD. Further, the Board recognizes, that the Veteran, in his March 2019 VA Form 21-0958, checked the box indicating disagreement with the evaluations assigned for these disabilities rather than the award of service connection for these disabilities. However, construing the March 2019 VA Form 21-0958 liberally, the Board will recognize this as a valid notice of disagreement as to the issues of service connection for pain to the neck and right arm and service connection for PTSD. The Board also recognizes VA correspondence dated March 28, 2019 initially accepted the March 1, 2019 VA Form 21-0958 as valid but later May 20, 2019 VA correspondence indicated March 28, 2019 correspondence was sent in error. Thus, pursuant to the November 2020 JMR, and as the record does not indicate action is pending at the AOJ as to these claims, the Board must remand these claims to direct that an SOC be issued. Manlincon v. West, 12 Vet. App. 238 (1999). Accordingly, in the circumstances presented in this case, the AOJ must issue an SOC as to the issues of entitlement to service connection for pain to the neck and right arm and entitlement to service connection for PTSD. The matters are REMANDED for the following action: Issue a SOC pursuant to the VA Form 21-0958, Notice of Disagreement, received on March 1, 2019, as to the rating decision issued on February 12, 2019, which the Veteran is appealing for entitlement to service connection for pain to the neck and right arm and entitlement to service connection for PTSD. The SOC should include a discussion of all relevant evidence considered and citation to all pertinent law and regulations, and afford the appropriate period for response. Only if a timely substantive appeal is received for such issue, should the issue be forwarded to the Board for appellate consideration. M. C. GRAHAM Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Espinoza, 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.