Citation Nr: 18156288
Decision Date: 12/07/18	Archive Date: 12/07/18

DOCKET NO. 15-42 821A
DATE:	December 7, 2018
REMANDED
The petition to reopen the previously denied claim for service connection for schizophrenia is remanded.
Entitlement to service connection for a bilateral foot condition is remanded.
Entitlement to service connection for sleep apnea is remanded.
Entitlement to service connection for a heart murmur is remanded.
Entitlement to service connection for diabetes mellitus is remanded.
Entitlement to service connection for migraines is remanded.
REASONS FOR REMAND
The Veteran served on active duty from September 1979 to May 1980.
This case comes before the Board of Veteran’s Appeals (Board) on appeal of a March 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).
This appeal is being remanded for a determination as to whether there exists an adequate and timely Form 9 to perfect the appeal.
The Veteran submitted a timely notice of disagreement in July 2014.  In response, a Statement of the Case was issued on November 20, 2015.  Of record is a December 2015 letter from the Veteran’s representative.  This letter is not substantive appeal.  On March 24, 2015, VA amended its adjudication regulations to require that all claims, including substantive appeals, be filed on standard forms prescribed by the Secretary.  See 79 Fed. Reg. 57660 (Sept. 25, 2014).  In this case, VA Form 9 is necessary to perfect the Veteran’s appeal.  It is not of record.
Therefore, these matters are REMANDED for the following action:
1. Determine whether there exists a VA Form 9 in response to the November 2015 Statement of the Case.
(Continued on the next page)
 
2.   Associate with the record either a copy of the VA Form 9 in response to the November 2015 SOC or a formal determination that the document does not exist.  If a VA Form 9 is located and associated with the claims file, determine whether it is both adequate and timely before returning the case to the Board.  Notify the Veteran and his attorney of any negative findings and/or determinations, and ensure that they are given an adequate opportunity to respond thereto.
 
C. A. SKOW
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. E., Associate Counsel