Citation Nr: 20032297
Decision Date: 05/07/20	Archive Date: 05/07/20

DOCKET NO. 19-06 572
DATE: May 7, 2020

REMANDED

The application to reopen the previously denied claim of entitlement to service connection for reflex sympathetic dystrophy syndrome (RSD), is remanded.

The issue of entitlement to service connection for chronic pain syndrome, is remanded.

THE VETERAN’S CONTENTIONS

The Veteran seeks entitlement to service connection for RSD and chronic pain syndrome.  See July 2017 claim; December 2017 notice of disagreement (NOD); February 2019 VA Form 9.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from May 1, 1992 to May 9, 1992 and November 2, 1992 to June 3, 1993.  These matters come before the Board of Veterans’ Appeals (Board) on appeal from a November 2017 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).  

The most recent adjudication of the Veteran’s application to reopen his previously denied claim of entitlement to service connection for RSD, and the issue of

entitlement to service connection for chronic pain syndrome occurred in a January 2019 statement of the case (SOC).  The Veteran submitted a timely VA Form 9 in February 2019, and the case was certified to the Board in March 2019.  Subsequently, VA treatment records through July 2019 showing chronic pain, a July 2019 examination for housebound status or permanent need for regular aid and attendance, and August 2019 buddy statements were associated with the claims file.  On February 6, 2020, the Board sent the Veteran a waiver solicitation letter to ascertain whether it could review this newly submitted evidence.  No response was received.  

Any pertinent evidence submitted by the Veteran or his representative after records have been transferred to the Board must be referred to the agency of original jurisdiction (AOJ) for consideration in the first instance, unless this procedural right is waived.  See 38 C.F.R. § 20.1305.  As such, the Board must remand the Veteran’s application to reopen his previously denied claim of entitlement to service connection for RSD, and the issue of entitlement to service connection for chronic pain syndrome, for consideration by the AOJ.

The matters are REMANDED for the following action:

(Continued on the next page)

 

After completing any additional development deemed necessary, readjudicate the Veteran’s application to reopen his previously denied claim of entitlement to service connection for RSD, and the issue of entitlement to service connection for chronic pain syndrome with consideration of all additional evidence submitted since the January 2019 SOC.  If the benefit sought remains denied, provide an SSOC to the Veteran and his representative and afford them an opportunity to respond.

 

 

S.C. Krembs

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Samuelson, 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.