Citation Nr: 18144124
Decision Date: 10/24/18	Archive Date: 10/23/18

DOCKET NO. 15-14 406A
DATE:	October 24, 2018
ORDER
The Board's June 18, 2018 decision is vacated.
REMANDED
Entitlement to service connection for hepatitis C is remanded.
FINDING OF FACT
The Board's June 18, 2018 decision is vacated.
CONCLUSION OF LAW
Vacatur of the June 18, 2018 Board decision with respect to the issue of entitlement to service connection for hepatitis C is warranted.  38 U.S.C. §§ 7104(a) (2012); 38 C.F.R. § 20.904 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran, who is the appellant in this case, had service from December 1971 to December 1974.
The Veteran previously requested a travel Board hearing, but submitted timely correspondence in August 2016 to withdraw this request.  Accordingly, the request is deemed withdrawn and the Board may proceed with adjudication.  38 C.F.R. § 20.704(e) (2018).
1. Order to Vacate the Board's June 18, 2018 decision.
The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board’s own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence.  38 U.S.C. § 7104 (a) (2012; 38 C.F.R. § 20.904 (2018).  In this case, the Board denied the Veteran’s claim for service connection for hepatitis C because the evidence of record did not show a current disability.  However, the Veteran filed a Motion for Reconsideration that was received by VA on August 14, 2018.  Therein, he explained that VA treatment records from May 4, 2018, showed a current diagnosis for hepatitis C.  Such evidence, being VA records, was constructively in VA’s possession at the time of the Board denial.  As these records were not previously associated with the file at the time of the Board’s review, the Veteran was denied due process of law.  Accordingly, the June 18, 2018 Board decision that denied entitlement to service connection for hepatitis C is vacated.
REASONS FOR REMAND
1. Entitlement to service connection for hepatitis C is remanded.
As discussed above, the Board has vacated its June 18, 2018 decision addressing the issue of entitlement to service connection for hepatitis C because there is now a current diagnosis.  However, an addendum VA examination opinion is needed to determine whether the current diagnosis is related to service.  Further clarification is required because the Board is without medical expertise to determine the nature and etiology of the claimed disability.  Colvin v. Derwinski, 1 Vet. App. 171 (1991).
The matter is REMANDED for the following action:
1. Obtain all outstanding VA medical records from June 2018 to the present.
2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s hepatitis C is at least as likely as not related to service.

 
H. SEESEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Connally, Counsel