Citation Nr: 21042325
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 13-25 396
DATE: July 12, 2021

REMANDED

Entitlement to a rating in excess of 20 percent prior to July 2, 2020, for a lumbar spine disability and for a rating in excess of 40 percent after July 2, 2020, is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty including from February 1989 to February 1996.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2010 rating decision by the Atlanta, Georgia, Regional Office (RO) of the Department of Veterans Affairs (VA).  In March 2016, the Veteran testified at a personal hearing before the undersigned Veterans Law Judge.  The transcript is of record.  The case was remanded for additional development in December 2017.

A March 2021 rating decision granted an increased 40 percent rating for the lumbar spine disability effective from July 2, 2020.  The issue for appellate review has been revised accordingly.

The Board finds that additional development is required prior to appellate review.  It is noted that the issue was last addressed by the Agency of Original Jurisdiction (AOJ) in an April 2019 supplemental statement of the case (SSOC) and that pertinent evidence was subsequently added to the record.  The AOJ obtained VA examination reports in December 2019 and March 2021. The March 2021 rating decision made reference to these reports when it assigned a 40 percent disability  for the Veteran's lumbar spine disability. However, in the context of the present appeal, the Veteran was not provided a SSOC. 

The appeal must thereby be remanded for the AOJ to review this evidence before the Board can issue its' decision. See 38 C.F.R. § 19.31 (a SSOC will be furnished to the veteran when additional pertinent evidence is received after a statement of the case has been issued).

The matter is REMANDED for the following action:

After any additionally indicated development has been completed, readjudicate the issue on appeal.  If the benefit sought is 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.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Douglas

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.