Citation Nr: 22051165
Decision Date: 09/08/22	Archive Date: 09/08/22

DOCKET NO. 19-33 760
DATE: September 8, 2022

REMANDED

Entitlement to a rating in excess of 20 percent prior to October 7, 2021, and in excess of 30 percent from October 7, 2021 (aside from a period of total convalescence) for left radial nerve disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1992 to December 1994.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2018 rating decision.

In January 2021, the Veteran testified before the undersigned Veterans Law Judge.  A transcript of the hearing is in the claims file.

During the course of the appeal, in January 2022 and July 2022 rating decisions, the Veteran's rating was increased to 30 percent effective October 7, 2021, along with a period of total convalescence following a surgery.  As the increase does not represent a full grant of the benefit sought, the claim remains before the Board.  See AB v. Brown, 6 Vet. App. 35 (1993).

1. Entitlement to a rating in excess of 20 percent prior to October 7, 2021, and in excess of 30 percent from October 7, 2021 (aside from a period of total convalescence) for left radial nerve disability is remanded.

The Veteran seeks a higher rating for his left radial nerve disability.

During the January 2021 Board hearing, the Veteran testified that his left radial nerve disability had worsened since the January 2019 VA examination.  New VA examinations were obtained in November 2021 and December 2021.  Additional treatment records have also been added to the claims file.  In light of the evidence added to the claims file after the October 2019 statement of the case, including new examinations and treatment records, the Board asked the Veteran whether he wished to waive initial agency of original jurisdiction (AOJ) review of the new evidence.  In a July 2022 statement, the Veteran requested that the Board remand this case back to the AOJ for review of the additional evidence.  Accordingly, remand is appropriate in order for the AOJ to readjudicate the Veteran's increased rating claim in light of the new evidence.  See 38 C.F.R. §§ 19.31, 19.37.

While this matter is on remand, outstanding treatment records should be obtained, including Winn ACH treatment records from February 2022 to the present and VA treatment records from July 2022 to the present.

The matters are REMANDED for the following action:

1. After obtaining any appropriate authorization, obtain Winn ACH treatment records from February 2022 to the present.

2. Obtain any additional VA treatment records, to include VA treatment records from July 2022 to the present.  

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3. After the above development, and any additionally indicated development, has been completed, issue a supplemental statement of the case on the Veteran's claim for a higher rating for his left radial nerve disability considering all of the evidence in the claims file.

 

SHEREEN M. MARCUS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Purcell, 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.