Citation Nr: 22015347
Decision Date: 03/17/22	Archive Date: 03/17/22

DOCKET NO. 17-39 376
DATE: March 17, 2022

REMANDED

Entitlement to service connection for rheumatoid arthritis is remanded.

REASONS FOR REMAND

The Veteran honorably served in the United States Army from October 2006 to August 2009.

This matter comes before the Board of Veterans' Appeals from an appeal of a March 2016 rating decision of the Department of Veterans Affairs (VA).  This matter was previously before the Board in May 2019, when it was remanded for examinations.  The Board finds substantial compliance with the prior Board remand directives.  See Stegall v. West, 11 Vet. App. 268 (Vet. App. 1998) (holding that a remand confers on the claimant, as a matter of law, the right to compliance with the remand order); see also D'Aries v. Peake, 22 Vet. App. 97, 105 (Vet. App. 2008); Dyment v. West, 13 Vet. App. 141, 146-47 (Vet. App. 1999) (holding that substantial, rather than strict, compliance with remand directives is required).  

1. Entitlement to service connection for rheumatoid arthritis is remanded.

In a letter dated January 11, 2022, the Board informed the Veteran that it had received additional evidence in support of the Veteran's appeal including VA medical records subsequent to the last supplemental statement of the case (SSOC).  See June 2020 SSOC.  The Board requested that the Veteran submit an "Additional Evidence Response Form" indicating whether the Veteran would like the Board to remand this case back to the Veterans Benefits Administration (VBA) for review of the additional evidence in the first instance.  The Board noted that if it did not receive a response within 45 days from the date of the letter, it would remand the appeal to the VBA for review.  As no response has been received to date after 45 days, the Board will remand this case to the VBA for readjudication considering the additional evidence in the first instance.

The matters are REMANDED for the following action:

1. The Decision Review Operations Center should readjudicate the claim.  If the claim remains denied, a Supplemental Statement of the Case must be provided to the Veteran and current representatives.

2. After the Veteran has had adequate opportunity to respond, the appeal must be returned to the Board for appellate review. 

 

K.A. KENNERLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Maisel, S. Alexander

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.