Citation Nr: 24017167
Decision Date: 04/23/24	Archive Date: 04/23/24

DOCKET NO. 18-39 265
DATE: April 23, 2024

REMANDED

Entitlement to service connection for diabetes is remanded.

Entitlement to a rating in excess of 20 percent for a right knee disability is remanded.

Entitlement to a total disability rating based on individual unemployability as a result of service-connected disabilities (TDIU) is remanded.

REASONS FOR REMAND

The Veteran had active service from December 1980 to August 1992.

This case is before the Board of Veterans' Appeals (Board) on appeal from a September 2018 Department of Veterans Affairs (VA) rating decision.

In connection with this appeal, the Veteran testified at a hearing before the undersigned Veterans Law Judge in July 2020.  A transcript of the hearing is of record.

In April 2023, the Board denied the service connection claim for diabetes, which the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In October 2023, the Court issued an order that vacated the Board decision and remanded the claim for compliance with a Joint Motion for Partial Remand (JMPR).

Since an October 2023 supplemental statement of the case (SSOC) was issued, additional pertinent VA medical records have been associated with the claims file, and a new supplemental statement of the case (SSOC) has not been issued.

A March 2024 letter notified the Veteran of the additional evidence that was not considered by the agency of original jurisdiction (AOJ). He was advised that he had 45 days to complete a provided form indicating whether he wished to have the AOJ initially review the new evidence or if he waived his right to an initial AOJ review of the new evidence. In April 2024, the Veteran requested that his claims be remanded to the AOJ for review of the additional evidence.

Thus, a remand is required for AOJ initial review of relevant new evidence and issuance of a new SSOC regarding all the issues on appeal. See 38 C.F.R. § 20.1305.

The matters are REMANDED for the following action:

Readjudicate the claims. If the decision is adverse to the Veteran, issue a new Supplemental Statement of the Case and allow the applicable time for response. Then, return the case to the Board.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Berryman, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.