Citation Nr: 25005173
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 20-26 153A
DATE: April 16, 2025

REMANDED

Entitlement to service connection for a left shoulder disability is remanded.

Entitlement to service connection for a left hand disability is remanded.

Entitlement to service connection for a right elbow disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1980 to August 1983.  

These matters are before the Board of Veterans' Appeals (Board) on appeal from a May 2018 rating decision of the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).

In July 2018, the Veteran filed a Notice of Disagreement (NOD) with the May 2018 rating decision with respect to the issues of entitlement to service connection for a left shoulder disability, left hand disability, and right elbow disability.  The AOJ has not, however, provided the Veteran with a statement of the case (SOC) for the claim.  Under these circumstances, the Board must remand the claim back to the AOJ to issue a SOC and to provide the Veteran and his representative an opportunity to perfect an appeal of such issue.  See Manlincon v. West, 12 Vet. App. 238 (1999).

The matters are REMANDED for the following action:

In response to the Veteran's July 2018 NOD, take all indicated action pursuant to 38 U.S.C. § 7105 in order to furnish the Veteran and his representative a fully responsive SOC relating to the issues of entitlement to service connection for a left shoulder disability, left hand disability, and right elbow disability.  Only if the Veteran perfects a timely appeal should this matter be certified and returned to the Board and after any necessary development has been completed.

 

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans' Appeals

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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.