Citation Nr: 18156948
Decision Date: 12/11/18	Archive Date: 12/11/18

DOCKET NO. 16-62 348
DATE:	December 11, 2018
REMANDED
Entitlement to service connection for a left knee disability is remanded.
Entitlement to service connection for ischemic heart disease, claimed as congestive heart failure is remanded.
Entitlement to service connection for impaired fasting glucose, claimed as diabetes mellitus is remanded.
Entitlement to an initial evaluation in excess of 10 percent for lumbar strain/myositis is remanded.
REASONS FOR REMAND
1. Entitlement to service connection for a left knee disability is remanded.
2. Entitlement to service connection for ischemic heart disease, claimed as congestive heart failure is remanded.
3. Entitlement to service connection for impaired fasting glucose, claimed as diabetes mellitus is remanded.
4. Entitlement to an initial evaluation in excess of 10 percent for lumbar strain/myositis is remanded.
The Veteran’s claims were last adjudicated in an November 2016 Statement of the Case (SOC).  Since that adjudication, and following transfer of the matter to the Board, pertinent evidence, including VA medical records, was associated with the claims file.  Recognizing such, in July and October 2018, the Board sent the Veteran letters requesting a waiver of initial Agency of Original Jurisdiction (AOJ) consideration of this evidence.  The letter advised the Veteran that if he did not respond in 45 days, the Board would assume that he did not want the Board to decide his appeal at this time and that the Board would remand the appeal to the AOJ for review.  The Veteran has not responded to the Board’s letters and the 45-day time limits have expired.  Accordingly, the claims are remanded for issuance of a Supplemental Statement of the Case (SSOC).  See 38 C.F.R. § 19.31 (2017).
The matters are REMANDED for the following action:
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After conducting any additional indicated development, if any, the claims should again be reviewed and adjudicated on the evidence of record and any additional evidence submitted by the appellant.  If any benefits sought on appeal are not granted, the Veteran and his representative should be furnished a SSOC, and afforded a reasonable opportunity to respond before the record is returned to the Board for further review.
 
K. J. ALIBRANDO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Joseph R. Keselyak