Citation Nr: 18155923
Decision Date: 12/06/18	Archive Date: 12/06/18

DOCKET NO. 10-23 871
DATE:	December 6, 2018
REMANDED
Entitlement to service connection for osteoarthritis is remanded.
Entitlement to service connection for a left leg disability is remanded.
Entitlement to service connection for bone loss is remanded.
Entitlement to service connection for a right knee disability is remanded.
Entitlement to service connection for sleep apnea is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1968 to April 1970.
1. Entitlement to Service Connection for Osteoarthritis
2. Entitlement to Service Connection for a Left Leg Disability
3. Entitlement to Service Connection for Bone Loss
4. Entitlement to Service Connection for a Right Knee Disability
5. Entitlement to Service Connection for Sleep Apnea
New evidence was associated with the claims file following the final adjudication of the claim by the Agency of Original Jurisdiction (AOJ). The Board sent the Veteran a letter in September 2018 asking whether he wanted to waive initial review by the AOJ. In an October 2018 response, the Veteran indicated that he did not want to waive AOJ consideration and asked that the claims be remanded.
Note that in a June 2010 substantive appeal, the Veteran also requested a hearing before the Board sitting at the RO.
Thus, the Board may not consider this evidence in the first instance and must remand the claim. See 38 C.F.R. § 20.1304(c).
The matters are REMANDED for the following action:
The AOJ should consider the additional evidence submitted since the May 2010 statement of the case and readjudicate the claims.


 
J.W. FRANCIS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Fitzgerald, Associate Counsel