Citation Nr: 20021727
Decision Date: 03/26/20	Archive Date: 03/26/20

DOCKET NO. 18-02 649
DATE: March 26, 2020

REMANDED

Entitlement to service connection for tuberculosis is remanded.

Entitlement to service connection for left ankle disability is remanded.

Entitlement to service connection for cervical spine disability is remanded.

Entitlement to service connection for disability characterized by chronic cysts, to include tinea versicolor, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 2002 to April 2013.

In August 2019, the Veteran testified before the undersigned Veterans Law Judge at a Board of Veterans’ Appeals (Board) videoconference hearing in Buffalo, New York.  A transcript of the proceeding is of record.

1.  Entitlement to service connection for tuberculosis is remanded.

2.  Entitlement to service connection for left ankle disability is remanded.

3.  Entitlement to service connection for cervical spine disability is remanded.

4.  Entitlement to service connection for disability characterized by chronic cysts, to include tinea versicolor, is remanded.

With regard to the issues on appeal, evidence not submitted by the Veteran was received after issuance of a November 2017 statement of the case (SOC).  See, e.g., service treatment records received September 30, 2019.  

In a December 2019 letter, the Board informed the Veteran of this evidence, and his ability to waive Agency of Original Jurisdiction (AOJ) consideration of it.  The Veteran was provided 45 days from the date of the letter to respond, but no response has been received.  Therefore, remand is required to allow AOJ review of the evidence and issuance of a new rating decision or supplemental statement of the case.  See 38 C.F.R. §§ 19.37(b), 20.1305(c).

The matters are REMANDED for the following action:

1.  After undertaking any additional development deemed appropriate, adjudicate the claims in light of any additional evidence added to the record since the November 2017 SOC.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Gregory T. Shannon

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.