Citation Nr: 22017802
Decision Date: 03/26/22	Archive Date: 03/26/22

DOCKET NO. 16-59 213
DATE: March 26, 2022

REMANDED

Entitlement to an initial rating in excess of 30 percent for hypothyroidism from July 8, 2016, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1979 to March 1993 and from April 1996 to August 1998.

In August 2019 and November 2021, the matter of entitlement to an initial rating in excess of 30 percent for hypothyroidism from July 8, 2016, was remanded for additional development by Veterans Law Judges (VLJs) other than the undersigned.  The matter has been returned to the Board for adjudication and is now before the undersigned.  

The August 2019 Board decision also denied a rating in excess of 30 percent for hypothyroidism prior to July 8, 2016.  The Veteran appealed that portion of the Board's decision to the United States Court of Appeals for Veterans Claims (Court).  In an October 2020 Memorandum Decision, the Court affirmed the Board's August 2019 denial of a rating in excess of 30 percent for hypothyroidism prior to July 8, 2016.  Consequently, that time period is not before the Board.

Unfortunately, the appeal must be remanded for compliance with the November 2021 Board remand.  Specifically, the November 2021 Board remand instructed the Agency of Original Jurisdiction (AOJ) to obtain the Veteran's VA treatment records for the period from October 2020 to the present, "review the record (to specifically include all pertinent VA-generated evidence received since the September 11, 2020 SSOC [Supplemental Statement of the Case], including the September 11, 2020 VA psychiatric examination report)," ensure all development is completed and readjudicate the Veteran's claim.  Review of the development completed by the AOJ shows that the Veteran's VA treatment records from October 2020 have not been obtained.  Rather, the readjudication of this claim in the November 2021 SSOC was based on VA treatment records for a Veteran other than the Appellant which were added to the claims file in error.  As such, remand is necessary to complete the development requested in the November 2021 Board remand.  

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records for the period from October 2020 to the present.

2. Thereafter, review the record (to specifically include all pertinent VA-generated evidence received since the September 11, 2020, SSOC), ensure that all development is completed (and arrange for any further development suggested by additional evidence received), and readjudicate the claim on appeal for entitlement to a higher initial rating for hypothyroidism from July 8, 2016.

If the benefit sought on appeal remains denied, in whole or in part, an SSOC must be provided to the Veteran and her representative.  After the Veteran and her 

 

representative have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K Hughes

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.