Citation Nr: 22018104
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 22-00 129
DATE: March 28, 2022

REMANDED

Entitlement to a disability rating in excess of 10 percent for a right ankle disability is remanded.

Entitlement to a disability rating in excess of 50 percent for post-traumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 2006 until May 2014.

This matter comes before the Board of Veterans' Appeals on appeal from April 2018 and May 2018 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran attended a videoconference hearing before the undersigned Acting Veterans Law Judge in December 2021 with respect to the issue of entitlement to a disability rating in excess of 50 percent for service-connected PTSD. A transcript of the hearing has been associated with the claims file. 

1. Entitlement to a disability rating in excess of 10 percent for a right ankle disability is remanded.

2. Entitlement to a disability rating in excess of 50 percent for PTSD is remanded.

The rating decisions on appeal were issued under the legacy appeal system. In July 2019, the Veteran submitted a VA Form 10182 identifying the issues on appeal and the appeal was docketed under the modernized appeal system also known as the Appeals Modernization Act (AMA). The Veteran has a separate appeal pending under the AMA for additional issues. 

Although the Veteran used a Form 10182 instead of a Notice of Disagreement for under the legacy system, the Board still has jurisdiction over the appeal. Hall v. McDonough, 34 Vet. App. 329 (2021). However, as the decision on appeal was issued in the legacy system, the Board must process the Veteran's appeal of these issues in the legacy appeals system. The Board finds that a remand is required for the RO to issue a Statement of the Case (SOC) for the above identified issues. See Manlincon v. West, 12 Vet. App. 238 (1999).

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The matters are REMANDED for the following action:

Conduct any additional development necessary and readjudicate the issue of entitlement to a disability rating in excess of 10 percent for a service-connected right ankle disability and entitlement to a disability rating in excess of 50 percent for service-connected PTSD. The RO should issue a SSOC should the benefits sought not be awarded.

 

 

M. Mills

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Boal, 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.