Citation Nr: 23013169
Decision Date: 03/03/23	Archive Date: 03/03/23

DOCKET NO. 18-40 993
DATE: March 3, 2023

REMANDED

Entitlement to a compensable disability rating for residuals, shell fragment wounds, right leg (muscle group XIV), is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1967 to August 1980.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).   

In September 2019, the Board remanded this matter for further development.  Unfortunately, that development has not been completed, and another remand is required.  See Stegall v. West, 11 Vet. App. 268, 271 (2011).

The Board also remanded an issue of entitlement to an effective date prior to May 18, 2016 for the award of special monthly compensation at the housebound rate for issuance of a statement of the case (SOC).  In July 2020, the RO issued a SOC, but the Veteran did not perfect an appeal.  Therefore, that issue is not before the Board. 

Entitlement to a compensable disability rating for residuals, shell fragment wounds, right leg (muscle group XIV), is remanded.

The Board remanded this matter for readjudication following the development of the Veteran's claim.  Specifically, the Board noted a separate June 2019 Board decision had remanded related claims, and the outcome of that development could have an impact on the Veteran's claim of entitlement to a compensable disability rating for residuals, shell fragment wounds, right leg.  

Following the September 2019 remand, however, the RO did not readjudicate the increased rating claim.  Furthermore, a supplemental statement of the case (SSOC) was never issued regarding this claim.  Accordingly, a remand is necessary for the RO to issue an SSOC on this issue.  See Manlincon v. West, 12 Vet. App. 238 (1999); see also Stegall, 11 Vet. App. 268; Dyment v. West, 13 Vet. App. 141, 146-47 (1999) (noting that Stegall requires substantial compliance, rather than absolute compliance, with remand orders).  

The matters are REMANDED for the following action:

1. Readjudicate the claim of entitlement to a compensable disability rating for residuals, shell fragment wounds, right leg (muscle group XIV).  If the claim remains denied, the Veteran and his representative should be issued a SSOC.  An appropriate period of time should be allowed for response. 

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. M. Stedman, Associate 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.