Citation Nr: 22015280
Decision Date: 03/16/22	Archive Date: 03/16/22

DOCKET NO. 14-25 326A
DATE: March 16, 2022

REMANDED

Entitlement to a rating in excess of 20 percent for a left forearm scar is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1979 to July 1983.

This matter is before the Board of Veterans' Appeals (Board) on appeal of a November 2011 decision by a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge (VLJ) in September 2017.  A transcript of the hearing is associated with the claims file.

In December 2017, the Board remanded this matter for additional development.

Entitlement to a rating in excess of 20 percent for a left forearm scar is remanded.

The Board observes that since the December 2017 Board remand, the Veteran underwent a June 2018 VA Scars/Disfigurement Disability Benefits Questionnaire (DBQ).  The Veteran's claim was readjudicated by way of a January 2022 supplemental statement of the case (SSOC).  However, the January 2022 SSOC did not address the June 2018 VA examination, nor did the SSOC list the examination under the evidence reviewed.  The VA examination is relevant to the issue on appeal and no waiver has been submitted; as such, a remand is necessary.  On remand, the RO must review the new evidence and, if the claim remains denied, include such evidence in an SSOC.

The matter is REMANDED for the following action:

Re-adjudicate the issue of entitlement to a rating in excess of 20 percent for a left forearm scar, to include consideration of the June 2018 VA examination.

 

 

L. CHU

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Griffith, Shari

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.