Citation Nr: 18115487
Decision Date: 07/02/18	Archive Date: 07/02/18

DOCKET NO. 10-34 155
DATE:	July 2, 2018
REMANDED
Entitlement to service connection for diabetes mellitus type II is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1980 to September 2004, to include service in Southwest Asia.  His awards and decorations include the Bronze Star, among many others. 
This matter comes before the Board of Veterans’ Appeals (Board) from a March 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
The Veteran asserts that his diabetes mellitus type II was caused by active service, to include in-service anthrax vaccinations and exposure to environmental hazards in Southwest Asia.  To properly adjudicate the Veteran’s appeal, the Board requested an advisory medical opinion from the Veterans Health Administration (VHA) in February 2018.  In April 2018, the VHA opinion was obtained.  The Veteran and his representative were sent a copy of the opinion and given 60 days to submit further evidence or argument.  See 38 C.F.R. §§ 20.901, 20.903.  The Veteran submitted additional evidence that was received by VA in May 2018.  
Along with the evidence, the Veteran indicated that he did not waive RO consideration of this additional evidence, and he requested that his case be remanded to the RO for consideration of the new evidence in the first instance.  Therefore, the case must be remanded to the AOJ for consideration of the evidence and an issuance of a supplemental statement of the case (SSOC).
The matter is REMANDED for the following action:
The AOJ should conduct any additional development deemed necessary and readjudicate the issue on appeal based upon all evidence of record.  If the benefit sought on appeal is not granted, the Veteran and his representative should be furnished a SSOC and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review.
 
M. Donohue
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Scarduzio, Associate Counsel