Citation Nr: 25008751 Decision Date: 07/02/25 Archive Date: 07/02/25 DOCKET NO. 20-14 512 DATE: July 2, 2025 REMANDED Entitlement to a rating in excess of 10 percent for lumbosacral strain prior to September 12, 2024, and in excess of 20 percent thereafter, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from September 2003 to March 2005. These matters come to the Board of Veterans' Appeals (Board) on appeal from a June 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office, which is the Agency of Original Jurisdiction (AOJ). This case was most recently before the Board in January 2024, at which time the appeal was remanded to the AOJ for further development. In addition, in a December 2024 rating decision, the AOJ granted service connection for an acquired psychiatric disorder, a left wrist disorder, and a cervical strain, all effective January 22, 2018, the date of the Veteran's original claim for service connection. To date, the Veteran has not submitted a notice of disagreement with this decision. As this decision represents a full grant of the benefits sought with respect to this claim for service connection, such issues are no longer before the Board for consideration. See Johnson v. Collins, 38 Vet. App. 151 (Mar. 26, 2025); Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1977). The case has now been returned to the Board for appellate action. The appellate scheme set forth in 38 U.S.C. § 7104(a) contemplates that pertinent evidence will first be reviewed at the Agency of Original Jurisdiction (AOJ) so as not to deprive the claimant of an opportunity to prevail with a claim at that level. See generally Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed. Cir. 2003). When the AOJ receives evidence relevant to a claim properly before it that is not duplicative of evidence already discussed in the statement of the case or a supplemental statement of the case, it must prepare a supplemental statement of the case reviewing that evidence. 38 C.F.R. § 19.31(b)(1). Additional relevant VA treatment records and VA examination reports were associated with the claims file after the issuance of the December 2024 Supplemental Statement of the Case (SSOC); however, the AOJ did not issue a subsequent SSOC, and the Veteran has not submitted a waiver of initial AOJ consideration. A May 2025 letter sent to the Veteran inquired as to whether he would waive initial AOJ consideration of this newly received evidence. The May 2025 letter indicated that if the Veteran did not respond within 45 days, the claim would be remanded to the AOJ for consideration of the newly received evidence. The Veteran did not respond to that letter within 45 days. Accordingly, a remand is necessary in order to allow the AOJ to consider the newly received evidence in the first instance for the above described claim. 38 C.F.R. § 19.31(b)(1). The matters are REMANDED for the following action: 1. The Veteran should be given the opportunity to identify any outstanding private or VA treatment records relevant to the claims on appeal. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained, to include updated VA treatment records. For private treatment records, make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the appellant and afford him an opportunity to submit any copies in his possession. For federal records, all reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Appellant must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). (Continued on the next page) ? 2. Readjudicate the issue of entitlement to a rating in excess of 10 percent for a lumbosacral strain prior to September 12, 2024, and in excess of 20 percent thereafter, to include the evidence received since the December 2024 Supplemental Statement of the Case. If the benefits sought on appeal are not granted, the Veteran should be provided with an appropriate Supplemental Statement of the Case, to include the appropriate laws and regulations, given an opportunity to respond, and the case should thereafter be returned to the Board for further appellate review, if in order. J. Kirby Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Mariah N. Sim, 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.