Citation Nr: 18142465
Decision Date: 10/15/18	Archive Date: 10/15/18

DOCKET NO. 11-00 854
DATE:	October 15, 2018
REMANDED
Entitlement to service connection for an abdominal disability, to include as due to exposure to herbicide agents, is remanded.
Entitlement to service connection for a respiratory disorder, to include as due to exposure to herbicide agents, is remanded.
Entitlement to service connection for a liver disorder, to include as due to exposure to herbicide agents, is remanded.
Entitlement to service connection for a skin disability, to include as due to exposure to herbicide agents, is remanded.
REASONS FOR REMAND
The Veteran had active military service from September 1964 to September 1966.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2010 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  
In August 2012, the Veteran testified at a hearing.  The transcript of the hearing is of record.  However, the Veterans Law Judge (VLJ) who conducted the hearing is no longer available to participate in the Veteran’s appeal.  The Veteran was given another opportunity to appear at a hearing before a VLJ who would decide the claims.  The Veteran invoked his right to appear at an additional hearing but subsequently withdrew his request, and as such, the Board will proceed with adjudication.  See November 2017 VA 21-4138 Statement in Support of Claim and August 2018 VA 21-4138 Statement in Support of Claim. 
Previously, in April 2014, the Board denied the claims for service connection for an abdominal disorder, a respiratory disorder, and a liver disorder.  The claim for a skin disorder was remanded.  In December 2014, the Board again remanded the claim for a skin disorder.  In July 2015, the Board remanded the claim for a skin disorder to schedule the Veteran for a hearing before another VLJ, which as noted above, he subsequently withdrew this request.
In November 2015, the Court of Appeals for Veterans Claims issued a Memorandum Decision which set aside the April 2014 Board decision and remanded the claims for an abdominal disorder, a respiratory disorder, and a liver disorder for further development.  In July 2016, the Board remanded these three claims for further development.
REASONS FOR REMAND
In April 2016, the Veteran submitted additional evidence in support of his claims and requested that what he submitted be reviewed in the first instance by the AOJ.  In July 2016, the Board remanded the claims pursuant to the April 2016 request.  However, it does not appear that the claims have been readjudicated.  Accordingly, remand is appropriate in order for the AOJ to readjudicate the issues in light of the new evidence.  See 38 C.F.R. § 20.1304(c) (2018).
The matter is REMANDED for the following action:
After considering all the evidence of record, including the additional evidence recently submitted by the Veteran, readjudicate the appeal.  If any claim remains denied, issue a supplemental statement of the case to the Veteran and provide an opportunity to respond before the case is returned to the Board. 


 
S. HENEKS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	P. Noh, Associate Counsel