Citation Nr: 18150017
Decision Date: 11/14/18	Archive Date: 11/14/18

DOCKET NO. 10-47 147
DATE:	November 14, 2018
REMANDED
Entitlement to service connection for a back disability is remanded.
Entitlement to service connection for a right knee disability is remanded.
Entitlement to service connection for a left knee disability is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1978 until August 1981.  He had additional service from August 1981 to February 1982, that was characterized as  under conditions other than honorable.
This matter comes before the Board of Veterans’ Appeals (Board) from a February 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas.
The Veteran testified before a Veterans Law Judge in February 2017.  However, the Veterans Law Judge who conducted the February 2017 hearing is no longer employed by the Board.  A February 2018 letter advised the Veteran that Veterans Law Judge was no longer available and that he could request hearing with another Veterans Law Judge.  The letter advised the Veteran that if he did not respond in 30 days, the Board would assume that he did not want an additional hearing.  The Veteran responded in April 2018 that he did not want another Board hearing.  Under 38 C.F.R. § 19.3(b), this appeal may be reassigned to another Veterans Law Judge for a decision.  A transcript of the hearing has been associated with the record.  
The Board remanded this case in June 2017.  It has since returned for further appellate consideration.
Entitlement to service connection for a back disability, a right knee disability, and a left knee disability is remanded.
The Board finds that further additional development is necessary before the Board can adjudicate the claims on appeal.  Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the claims.  
With regard to the claim for service connection for a back disability and bilateral knee disabilities, a remand is required to properly develop evidence.  Following the issuance of a September 2017 statement of the case, new evidence pertinent to the Veteran’s back disability and bilateral knee disabilities was added to the record that was not considered by the Agency of Original Jurisdiction in any subsequent supplemental statement of the case.  That new evidence consists of VA examinations and medical opinions from October 2017 that assessed the etiology and severity of the back disability and bilateral knee disabilities.  
Evidence received at the Board must be returned to the Agency of Original Jurisdiction for initial consideration, unless the appellant waives his right to have the evidence initially considered by the Agency of Original Jurisdiction.  In June 2018, the Board mailed a form to the Veteran to waive Agency of Original Jurisdiction consideration of the evidence received.  However, the Veteran did not respond.  As the Veteran has not waived his right for Agency of Original Jurisdiction consideration of that evidence, remand is required for issuance of a supplemental statement of the case.  38 C.F.R. § 19.31.  
The matters are REMANDED for the following action:
Issue a supplemental statement of the case as to the issues of entitlement to service connection for a back disability, a right knee disability, and a left knee disability, that considers all evidence since the September 2017 supplemental statement of the case, to include the October 2017 examinations.  Then, return the case to the Board.  
 
Harvey P. Roberts
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Kass, Associate Counsel