Citation Nr: 18158582
Decision Date: 12/17/18	Archive Date: 12/17/18

DOCKET NO. 17-46 548
DATE:	December 17, 2018
REMANDED
Entitlement to a rating in excess of 10 percent for bronchiectasis is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the U.S. Navy from August 1982 to June 1986.  His decorations include the Navy Expeditionary Medal.
This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a January 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.
Entitlement to an increased rating for bronchiectasis
Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claim.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159.
The record reflects that VA-generated evidence has been added to the claims file since the claim was last adjudicated in an August 2017 statement of the case (SOC).  In this regard, numerous VA treatment records, including pulmonary treatment notes, dated through November 2018, were added to the claims file after the SOC, and a supplemental SOC (SSOC) was not issued.  While 38 U.S.C. § 7105(e) provides an automatic waiver of initial review by the agency of original jurisdiction (AOJ) if a Veteran submits evidence to the AOJ or the Board, this provision does not apply to evidence added to the file by VA, such as VA treatment records.  38 U.S.C. § 7105(e).  A remand is required for the AOJ to consider the new evidence.
This matter is REMANDED for the following action:
After accomplishing any additional development deemed necessary (to include obtaining updated VA treatment records and a current VA examination, if indicated), readjudicate the claim on appeal based on the entirety of the evidence, to include any relevant evidence received since issuance of the last relevant SOC.  If the benefit sought on appeal is not granted to the Veteran’s satisfaction, he and his representative should be furnished an appropriate SSOC and be afforded the requisite opportunity to respond. Thereafter, the case should be returned to the Board if otherwise in order.
 
DAVID A. BRENNINGMEYER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Kettler, Associate Counsel