Citation Nr: 18149650
Decision Date: 11/13/18	Archive Date: 11/13/18

DOCKET NO. 16-45 736
DATE:	November 13, 2018
ORDER
New and material evidence having been received, the claims of entitlement to service connection for a left hip disability, a left eye disability, a bilateral leg, and a low back disability are reopened.

REMANDED
Entitlement to service connection for a left hip disability is remanded.
Entitlement to service connection for a left eye disability is remanded.
Entitlement to service connection for a bilateral leg condition is remanded.
Entitlement to service connection for low back pain is remanded.
FINDINGS OF FACT
1. The Veteran’s claimed left hip, left eye, low back, and bilateral leg disabilities were denied in an August 2012 rating decision.  The Veteran did not appeal or submit new and material evidence within a year of the rating decision.
2. Since the August 2012 rating decision, new and material evidence has been received that relates to unestablished facts that are necessary to substantiate the claims of service connection for left hip, left eye, low back, and bilateral leg disabilities. 
CONCLUSIONS OF LAW
1. The August 2012 rating decision that denied entitlement to service connection for left hip, left eye, low back, and bilateral leg disabilities is final. 38 U.S.C. § 7103, 7104; 38 C.F.R. § 20.302, 20.1103.
2. New and material evidence having been received since the August 2012 rating decision, the claims of entitlement to service connection for left hip, left eye, low back, and bilateral leg disabilities are reopened. 38 U.S.C. § 5108; 38 C.F.R. §§ 3.156.
REASONS FOR REMAND
The Veteran served with the Illinois National Guard from August 1975 to April 2004, including active service from March 1976 to June 1976.
The Agency of Original Jurisdiction (AOJ) issued a Statement of the Case in July 2016.  Since that time, the Veteran has submitted a lay statement from her daughter and potentially relevant VA treatment records have been associated with the Veteran’s claims file.  
Regarding the lay statements that have been associated with the claims file, the Board notes that the Veteran did not submit a waiver of AOJ review; however, as the VA Form 9 addressing these claims 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, 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 matters are REMANDED for the following action:
Review the additional evidence added to the record since the July 2016 SOC and readjudicate the claims of entitlement to service connection for left hip, left eye, low back, and bilateral leg disabilities. 

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