Citation Nr: 18143087
Decision Date: 10/18/18	Archive Date: 10/17/18

DOCKET NO. 15-37 684
DATE:	October 18, 2018
REMANDED
Entitlement to a disability rating in excess of 10 percent for irritable bowel syndrome is remanded.
REASONS FOR REMAND
The Veteran served with the United States Army Reserves and Army National Guard from April 1984 to September 2007, to include active duty service from January 1991 to May 1991.
1. Entitlement to a disability rating in excess of 10 percent for irritable bowel syndrome is remanded.
This case is not yet ready for appellate consideration.  A remand is necessary for the RO to readjudicate the claim in light of new and relevant VA evidence, which was added to the claims file without a waiver of Agency of Original Jurisdiction (AOJ) consideration.  The RO issued a Statement of the Case for this appeal in August 2015.  Subsequently, VA associated treatment notes through February 2018, as well as an April 2017 VA intestinal conditions examination, with the claims file.  No subsequent Supplemental Statement of the Case was issued.  In October 2018, the Veteran submitted correspondence requesting that her claim be remanded to the AOJ for consideration of all new and relevant evidence.  Therefore, the Board may not consider the evidence in the first instance.  38 C.F.R. § 20.1304(c) (2017).
Accordingly, the matter is REMANDED for the following action:
Readjudicate the claim with consideration of the evidence added to the claims file after the August 2015 Statement of the Case.  If the benefit sought on appeal is denied, the Veteran and her representative should be provided a Supplemental Statement of the Case and afforded the requisite opportunity to respond before the case is returned to the Board.
 
D. Martz Ames
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Riordan, Associate Counsel