Citation Nr: 18144046
Decision Date: 10/23/18	Archive Date: 10/22/18

DOCKET NO. 15-31 848
    DATE:	October 23, 2018
REMANDED
The claim of entitlement to service connection for a right knee disability is remanded.  
The claim of entitlement to a compensable rating for service-connected left ankle ligament strain residuals is remanded.
The claim of entitlement to special monthly compensation based on loss of use of the left foot is remanded.
The claim for a TDIU is remanded.
REASONS FOR REMAND
The Veteran served on active duty from July 1974 to October 1976.
In August 2018, he was notified that additional evidence had been received by VA that had not previously been reviewed by the AOJ, and that this evidence was not accompanied by a waiver of RO review.  See 38 C.F.R. § 20.1304 (c).  He was requested to state whether or not he desired to waive his right to have the RO review this evidence.  In September 2018, a signed statement was received from the Veteran indicating that he desired to have his case remanded to the RO for consideration of this evidence. 
Applicable VA regulations require that pertinent evidence submitted by the appellant must be referred to the agency of original jurisdiction for review and preparation of a supplemental statement of the case (SSOC) unless this procedural right is waived in writing by the Veteran.  38 C.F.R. §§ 19.37, 20.1304.  Therefore, on remand, this evidence must be reviewed in association with the readjudication of the Veteran’s claims.
The matters are REMANDED for the following action:
Readjudicate the issues of entitlement to service connection for a right knee disability, entitlement to a compensable rating for service-connected left ankle ligament strain residuals, entitlement to special monthly compensation based on loss of use of the left foot, and entitlement to a TDIU.  If any of the determinations remains unfavorable to the Veteran, he should be provided with a supplemental statement of the case (SSOC) that addresses all relevant actions taken on the claim(s) for benefits.
 
MATTHEW W. BLACKWELDER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T.S.E., Counsel