Citation Nr: 20007722
Decision Date: 01/29/20	Archive Date: 01/29/20

DOCKET NO. 18-00 160A
DATE: January 29, 2020

REMANDED

Whether new and material evidence has been received to reopen a claim for service connection for a right knee disability is remanded.

Entitlement to service connection for a left knee disability is remanded.

Entitlement to service connection for hearing loss is remanded.

Entitlement to service connection for tinnitus is remanded.

Entitlement to service connection for bilateral hand disability is remanded.

Entitlement to service connection for hypertension is remanded.

Entitlement to service connection for bilateral leg disability is remanded.

Entitlement to service connection for bilateral shoulder disability is remanded.

Entitlement to service connection for fatigue (also claimed as respiratory disorder) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1991 to July 1991, to include service in Southwest Asia.

This matter is before the Board of Veterans’ Appeals (Board) on appeal of a July 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  In February 2019, the Veteran appeared at a hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is in the record.

The RO last adjudicated the claims on appeal in a June 2018 supplemental statement of the case.  Since that time, VA has added additional relevant evidence to the file, including VA examination reports and treatment records. 

Appellants are entitled to initial review of evidence by the Agency of Original Jurisdiction (AOJ).  See 38 U.S.C. § 7104.  In this case, the Veteran was asked if he wanted the AOJ, that is, the RO, to initially review the new evidence noted above, or if he wanted to waive the AOJ’s initial review and have the evidence reviewed by the Board in the first instance.  In December 2019, the Veteran stated in writing that he wanted the AOJ to perform an initial review of the new evidence.  Therefore, the appeal must be remanded so that a Supplemental Statement of the Case may be issued that considers all evidence of record.  38 C.F.R. § 20.1305.

The matters are REMANDED for the following action:

The AOJ should review the record, to include all evidence in the claims file which was not previously addressed in the most recent Supplemental Statement of the Case (June 2018), complete any necessary development as a result of the evidence, and then readjudicate the claims.  

If any benefit sought is not granted, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and afforded an opportunity to respond before the record is returned to the Board for further review.

 

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Russell P. Veldenz, Counsel 

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.