Citation Nr: 18148141
Decision Date: 11/07/18	Archive Date: 11/06/18

DOCKET NO. 16-45 799
DATE:	November 7, 2018
REMANDED
Entitlement to service connection for a right forearm disability is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the U.S. Air Force from August 1997 to July 2014. 
The Agency of Original Jurisdiction (AOJ) issued a Statement of the Case in September 2016.  Since that time, additional potentially relevant private and VA treatment records and VA examinations pertaining to the Veteran’s peripheral nerves, shoulders and arms, and hands and fingers have been associated with the claims file.  
Regarding the Veteran’s additional private treatment records, the Board notes that she did submit a waiver of AOJ review; however, as the VA Form 9 addressing this issue was received after February 2, 2013, a waiver is not required.  See § 501, Public Law No. 112-154, 126 Stat. 1165 (amending 38 U.S.C. § 7105 to provide for an automatic waiver of initial RO review of evidence submitted to the RO or to the Board at the time of or subsequent to the submission of the substantive appeal, unless the claimant or claimant’s representative requests in writing that the RO initially review such evidence).  
Concerning the more recently associated VA treatment records and VA examination reports, the Board observes that a Supplemental Statement of the Case (SSOC) must be furnished to the claimant when additional pertinent evidence is received after a Statement of the Case (SOC) has been issued.  38 U.S.C. § 7105; 38 C.F.R. § 19.31.  As such, a remand is required for the issuance of an SSOC. 
The matter is REMANDED for the following action:
Review the additional evidence added to the record since the September 2016 SOC and readjudicate the claim of entitlement to service connection for a right forearm disability. 

 
JENNIFER HWA
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. Bush