Citation Nr: 18155974
Decision Date: 12/06/18	Archive Date: 12/06/18

DOCKET NO. 13-04 379
DATE:	December 6, 2018
REMANDED ISSUES
Entitlement to service connection for a right knee condition is remanded.
Entitlement to service connection for a left knee condition, to include as secondary to a right knee condition, is remanded.

REMAND
The Veteran served on active duty from October 1983 to October 1987.  These matters were last before the Board in September 2017, following an August 2016 hearing, whereupon they were remanded to the Regional Office for further development.  Following the issuance of a September 2018 supplemental statement of the case, the case was returned to the Board for its adjudication.  
In October 2018, prior to recertification of this case to the Board (later in the same month), the Veteran submitted a relevant medical opinion.  He furnished it in tandem with a Supplemental Statement of the Case notice response, but nowhere in this document did he specify that was waiving Regional Office review of this new relevant evidence.  Consequently, it was an error for the Agency of Original Jurisdiction (AOJ) to return this case to the Board without the issuance of a Supplemental Statement of the Case.  38 C.F.R. §§ 19.9, 19.31.
Accordingly, this case is REMANDED for the following:
Furnish the Veteran a Supplemental Statement of the Case addressing the medical evidence submitted by the Veteran in conjunction with his appeal in October 2018. 

 
 A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christopher M. Collins, Associate Counsel