Citation Nr: 21032384
Decision Date: 05/26/21	Archive Date: 05/26/21

DOCKET NO. 15-45 435
DATE: May 26, 2021

REMANDED

Entitlement to an evaluation greater than 10 percent for hypertension is remanded.

Entitlement to service connection for arthritis of the fingers (also claimed as gout) is remanded.

Entitlement to a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Marines Corps from February 1982 to July 1982 and active service in the United States Air Force from August 1984 to March 1988.  These matters are on appeal from a July 2015 rating decision.  

In March 2020, the Board remanded the issues of entitlement to an evaluation greater than 10 percent for hypertension, entitlement to service connection for a right shoulder disability, a left shoulder disability, right elbow disability, left knee disability, left hip disability, arthritis of the fingers, and entitlement to a TDIU due to service-connected disabilities.  In a February 2021 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for left hip replacement, degenerative calcification of the right elbow with limited flexion and limited pronation, left shoulder strain, right shoulder strain, and left knee osteoarthritis.  These issues are no longer before the Board.

1. Entitlement to an evaluation greater than 10 percent for hypertension is remanded.

2. Entitlement to service connection for arthritis of the fingers (also claimed as gout) is remanded.

3. Entitlement to a TDIU due to service-connected disabilities is remanded.

In March 2020, the Board directed the AOJ to readjudicate the issues on appeal and issue a Supplemental Statement of the Case if the benefits sought remained denied.  The Veteran has not been granted an increased evaluation for his hypertension, service connection for arthritis of the fingers, or a TDIU due to service-connected disabilities.  

In February 2021, the AOJ issued a Supplemental Statement of the Case that omitted the issue of entitlement to a TDIU due to service-connected disabilities.  Additionally, the Supplemental Statement of the Case was returned as undeliverable.  A remand is required for the issuance of a Supplemental Statement of the Case that addresses the issue of entitlement to a TDIU due to service-connected disabilities.  On remand, the AOJ should also verify the mailing addresses for the Veteran and his attorney to ensure receipt of the new Supplemental Statement of Case.

The matters are REMANDED for the following actions:

1. Verify the mailing addresses for the Veteran and his attorney.

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.  If the benefits sought are not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R.R. Watkins, 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.