Citation Nr: 18151524
Decision Date: 11/20/18	Archive Date: 11/19/18

DOCKET NO. 14-36 382
DATE:	November 20, 2018
REMANDED
Service connection for disability of the genitourinary system, to include as due to herbicide agent exposure, is remanded.
Entitlement to an earlier effective date for the grant of service connection for chronic sinusitis is remanded.
Entitlement to an initial rating in excess of 10 percent for sinusitis is remanded.
REASONS FOR REMAND
1. Service connection for disability of the genitourinary system, to include as due to herbicide agent exposure.
2. Entitlement to an earlier effective date for the grant of service connection for chronic sinusitis.
3. Entitlement to an initial rating in excess of 10 percent for sinusitis.
Although further delay is regrettable, these issues must be remanded.
It appears that part of the Veteran’s claims file is missing or that pertinent records exist but were not associated with the claims file.  The Veteran filed a claim for service connection for sinusitis in September 1988.  A March 1989 Compensation and Pension Award indicates that the claim was denied, yet there is no record of any rating decision associated with the file until April 2006.
There is no indication in the claims file that any attempts have been made to locate the Veteran’s complete file or to rebuild the.  On remand, attempts to locate and rebuild the Veteran’s claims file should be made as necessary.
The matters are REMANDED for the following action:
1. The Agency of Original Jurisdiction (AOJ) should search their location for any physical or virtual documents that have not been associated with the Veteran’s file, specifically any rating decisions, service records, or medical examinations from 1988 to 1990.  If no records are found, the AOJ should rebuild the file as appropriate.
2. When the development has been completed, the case should be reviewed by the AOJ on the basis of additional evidence.  If any benefit sought is not granted, the Veteran and representative should be furnished a Supplemental Statement of the Case (SSOC) and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review.
 
Evan Deichert
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Thaddaeus J. Cox, Associate Counsel