Citation Nr: 18146640 Decision Date: 10/31/18 Archive Date: 10/31/18 DOCKET NO. 17-15 173 DATE: October 31, 2018 REMANDED 1. Entitlement to service connection for headaches, to include as secondary to tinnitus and other specified trauma and stressor related disorder, to include anxiety, is remanded. 2. Entitlement to service connection for a right knee disability, to include as secondary to other specified trauma and stressor related disorder, to include anxiety, is remanded. 3. Entitlement to service connection for a left knee disability, to include as secondary to other specified trauma and stressor related disorder, to include anxiety, is remanded. 4. Entitlement to service connection for a back condition, to include as secondary to a bilateral knee condition, is remanded. 5. Entitlement to service connection for sciatica/radiculopathy of right lower extremity as secondary to back condition, is remanded. 6. Entitlement to service connection for sciatica/radiculopathy of left lower extremity as secondary to back condition, is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1999 to July 2001. This matter was previously before the Board in April 2018, at which time it was remanded for further development. 1. Entitlement to service connection for headaches, to include as secondary to tinnitus and other specified trauma and stressor related disorder, to include anxiety, is remanded. 2. Entitlement to service connection for a right knee disability, to include as secondary to other specified trauma and stressor related disorder, to include anxiety, is remanded. 3. Entitlement to service connection for a left knee disability, to include as secondary to other specified trauma and stressor related disorder, to include anxiety, is remanded. 4. Entitlement to service connection for a back condition, to include as secondary to a bilateral knee condition, is remanded. 5. Entitlement to service connection for sciatica/radiculopathy of right lower extremity as secondary to back condition, is remanded. 6. Entitlement to service connection for sciatica/radiculopathy of left lower extremity as secondary to back condition, is remanded. A Statement of the Case (SOC) was issued in January 2017, and the most recent Supplemental Statement of the Case (SSOC) was issued in September 2018. Since the September 2018 SSOC, the Veteran was provided several new VA examinations, including examinations for the back, headaches, knees, and peripheral neuropathy. However, no new SSOC was issued to address this additional evidence, and neither the Veteran nor her attorney have submitted a waiver of consideration by the AOJ. Under 38 C.F.R. § 20.1304 (c), any pertinent evidence submitted without a waiver is to be referred to the AOJ. As such, the Board finds that the Veteran should be provided with an explanation of the newly obtained evidence as well as an opportunity to submit additional evidence. In addition, there appear to be outstanding records. The Board points to a report of general information, included in the file from October 2018, which states that exam results from LHI should be released in the next two hours; however, nothing follows. Upon remand, all outstanding records should be associated with the claim file. Finally, in the April 2018 remand the Board directed that the claim file be reviewed in order to ensure that complete copies of all documents and correspondence are visible. Particular attention was directed to correspondence from November 29, 2016 and June 6, 2017, submitted by the Veteran’s attorney. However, the Board does not see that complete copies of these documents have been associated with the claim file. In addition, since the remand, another document was submitted by the Veteran’s attorney, which is also incomplete. See Correspondence, July 3, 2018. Upon remand, the Board asks that complete copies of all correspondence be obtained, if possible. The matters are REMANDED for the following action: 1. Review the electronic record of the claim file to ensure that complete copies of all documents and correspondence are visible. Particular attention is directed to correspondence from November 29, 2016, June 6, 2017, and July 3, 2018. Complete copies of all records should be obtained. Attempts to obtain complete copies should be noted in the record. If it is not possible to obtain complete copies, this should be noted in the record. In addition, the Board points to a report of general information, included in the file from October 2018, which states that exam results from LHI should be released in the next two hours; however, nothing follows. The outstanding records referenced should be associated with the claim file. Efforts to obtain these records should be documented. If the records could not be obtained, or if they are already part of the claim file, this should be noted. 2. Readjudicate the issues on appeal in light of all additional evidence added to the record. An SSOC should be issued and copies provided to the Veteran and her representative. 3. If upon completion of the above action the issues are denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K. Foster, Associate Counsel