Citation Nr: 18159560
Decision Date: 12/19/18	Archive Date: 12/19/18

DOCKET NO. 11-29 129
DATE:	December 19, 2018
REMANDED
Entitlement to service connection for the cause of the Veteran’s death is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1969 to June 1975, and from June 1971 to June 1975.  He died in 2009.  The appellant is his surviving spouse. 
This case comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
In October 2014, the Board remanded the issue on appeal.  In June 2017, the RO issued a Supplemental Statement of the Case and the appeal was returned to the Board.
In September 2017, the Board sought a medical opinion concerning the question involved in the appeal.  Such opinion was obtained in February 2018.  
Thereafter, in November 2018, the appellant provided additional evidence in support of her appeal and specifically indicated that she did not waive initial Agency of Original Jurisdiction (AOJ) consideration of the evidence.  She also requested that her case be remanded to the AOJ for consideration of this new evidence in the first instance.  This evidence has not yet been considered by the AOJ. 
The matter is therefore REMANDED for the following action:
Adjudicate the appellant’s claim based on the entirety of the evidence, to specifically include the February 2018 medical opinion and the Veteran’s submission in November 2018.  If the claim is denied, the appellant and her representative should be issued a supplemental statement of the case. An appropriate period of time should be allowed for response. 
 
LLOYD CRAMP
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Casadei, Counsel