Citation Nr: 20042344 Decision Date: 06/23/20 Archive Date: 06/23/20 DOCKET NO. 18-19 232 DATE: June 23, 2020 REMANDED Entitlement to service connection for a right ankle condition is remanded. Entitlement to service connection for a headache condition is remanded. Entitlement to service connection for restless leg syndrome is remanded. Entitlement to separate evaluations for traumatic brain injury and post-traumatic stress disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from August 2001 to August 2006. He received the Meritorious Unit Commendation; Navy Expeditionary Medal; National Defense Service Medal; Expert Pistol Shot Medal; Navy Marine Corps Achievement Medal; Navy Unit Commendation; Armed Forces Expeditionary Medal; Humanitarian Service Medal; Sea Service Deployment Ribbon; Expert Rifleman Medal; and, Enlisted Submarine Warfare Specialist Breast Insignia. Consideration of New Evidence A statement of the case (SOC) was issued in April 2018. Since then, additional relevant VA treatment records have been associated with the claims file but have not yet been reviewed by the Agency of Original Jurisdiction (AOJ). See March 2019 CAPRI, pp. 1-131. There is no waiver of AOJ consideration of this new evidence. The Veteran and his representative were notified and provided an opportunity to waive AOJ consideration of this evidence. See September 2019 BVA-General, pp. 1-2. In response to the Board’s correspondence, the Veteran’s representative requested copies of the referenced March 2019 supplemental statement of the case (SSOC) and newly added records. See October 2019 Power of Attorney, p. 1. A response was issued in February 2020. Upon a review of the claims file, it appears that the September 2019 Board letter erroneously referred to the April 2018 SOC as a March 2019 SSOC. Nevertheless, there is no waiver of AOJ review of the relevant VA treatment records. Accordingly, a remand is required for the AOJ to review this new evidence in the first instance and issue an SSOC for any claims not granted in full. See 38 C.F.R. §§ 19.31, 19.37(a) (2019). The matters are REMANDED for the following action: Review all relevant evidence that has been associated with the claims file since the issuance of the April 2018 SOC and readjudicate the Veteran’s claims. If any claim is not granted in full, issue an SSOC. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board W.V. Walker, Associate 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.