Citation Nr: 18139833
Decision Date: 10/01/18	Archive Date: 10/01/18

DOCKET NO. 15-46 067
DATE:	October 1, 2018
REMANDED
Entitlement to service connection for a bilateral hearing loss disability is remanded.
Entitlement to service connection for a left knee disorder is remanded.
Entitlement to service connection for a chronic back disorder is remanded.
Entitlement to service connection for a left hip disorder is remanded.
Entitlement to service connection for bilateral glaucoma is remanded.
Entitlement to service connection for a right foot disorder is remanded.
Entitlement to service connection for a left foot disorder is remanded.
REASONS FOR REMAND
A NGB Form 22 reflects that the Veteran served in the Army National Guard from April 1987 to April 2001.
The NGB form reflects that the Veteran had a period of inactive duty training (INACDUTRA) from September 1987 to February 1988, but his DD Form 214 for this period reflects that it was a period of active duty training (ACDUTRA).  Clarification of the Veteran’s duty status is needed.  Additionally, a September 1989 order reflects that he was ordered into active military service for the state in September 1989 for a period of five days.
Issues 1-7:  Entitlement to service connection for a bilateral hearing loss disability, a left knee disorder, chronic back disorder, left hip disorder, bilateral glaucoma, and bilateral foot disorders is remanded.
The record reflects that pertinent VA-generated evidence has been added to the claims file since the claims were last adjudicated in a November 2016 Supplemental Statement of the Case (SSOC).  Specifically, relevant VA treatment records were added to the claims file in April 2017, October 2017, and November 2017, subsequent to the November 2016 SSOC.  A new SSOC was not issued by the Agency of Original Jurisdiction (AOJ) after considering these VA treatment records.
While 38 U.S.C. § 7105(e) provides an automatic waiver of initial AOJ review if a veteran submits evidence to the AOJ or the Board with, or after submission of, a substantive appeal, this provision is only applicable to cases where the substantive appeal was filed on or after February 2, 2013 (applicable here), but does not apply to VA-generated evidence, such as VA treatment records.  38 U.S.C. § 7105(e).  Accordingly, a remand is required for the AOJ to consider this evidence in a SSOC.
The matters are REMANDED for the following action:
1.  Clarify all of the Veteran's periods of active service, ACDUTRA and INACDUTRA service with the Army National Guard, specifically including a period from September 1987 to February 1988.
2.  Definitely state whether or not the Veteran’s five-day period of service in September 1989 was federalized service.
3.  Obtain and associate with the claims file any outstanding VA treatment records related to the issues on appeal.
4. Thereafter, readjudicate the claims on appeal with consideration of all evidence received since the November 2016 SSOC.

 
S. B. MAYS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Jane R. Lee