Citation Nr: 18150245
Decision Date: 11/14/18	Archive Date: 11/14/18

DOCKET NO. 16-23 839
DATE:	November 14, 2018
REMANDED
Entitlement to an evaluation in excess of 20 percent disabling for degenerative joint disease of the cervical spine is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1965 to July 1968.
In this case, since the May 2016 Statement of the Case (SOC), relevant VA treatment records from the West Palm Beach VAMC dated through March 2018, as well as a VA Cervical Spine examination report dated August 2016 were associated with the evidentiary record.  
In September 2018, the Veteran was notified by letter that VA treatment records had been added to the claims file following the May 2016 SOC.  The letter advised the Veteran of his right to have this evidence reviewed by the agency of original jurisdiction (AOJ) prior to adjudication before the Board, or in the alternative, his right to waive AOJ review and allow the Board to review the evidence in the first instance.  In an October 2018 response, the Veteran requested that the present claim be remanded in order for the AOJ to review this new evidence.  Thus, remand is required.
The matter is REMANDED for the following action:
1. Associate with the record any VA and/or private treatment records not already on file that relate to the Veteran’s claimed disability.
2. After the above development has been completed, readjudicate the claim with consideration of all the evidence entered into the record since the May 2016 SOC.  If the benefit sought remains denied, provide the Veteran with a SOC and return the case to the Board.
 
M. KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	L. Bristow Williams, Associate Counsel