Citation Nr: 20046664
Decision Date: 07/13/20	Archive Date: 07/13/20

DOCKET NO. 18-22 607
DATE: July 13, 2020

REMANDED

Entitlement to a rating in excess of 20 percent for the service-connected low back disability is remanded. 

Entitlement to service connection for sleep apnea is remanded.

Entitlement to service connection for rhinitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 2006 to January 2010.

These matters come before the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

These matters were previously before the Board and remanded in June 2019 for further development. 

Following the Board’s remand, a report of contact dated December 9, 2019, documents that the Veteran was contacted concerning pending Veterans Evaluation Services (VES) examinations. The report notes that “she refused the appointment based on the fact that her previous appointment was made through VES and she would prefer to be handled by a different provider like the” VA Medical Center (MC). 

The record indicates that a new examination was scheduled at the Washington VAMC for December 16, 2019, but was canceled because the Veteran failed to RSVP. Another attempt was made, and an examination was scheduled for January 15, 2020, but the Veteran again failed to RSVP and the exam was canceled. 

The Veteran was notified on January 16, 2020, and February 18, 2020, that her failure to report for an examination would result in adjudication based on the evidence of record. Subsequently, a March 2020 Supplemental Statement of the Case (SSOC) was issued which included a discussion on her failure to RSVP for the scheduled examinations. 

Following the SSOC, but prior to recertification to the Board, the Veteran reported that she had additional evidence in support of her appeal. Specifically, she stated that she had a scheduled appointment with the VA on May 29, 2020. 

A letter was mailed to the Veteran on May 18, 2020, informing her that the case had been returned to the Board. She subsequently contacted the RO to ask why her case was returned to the Board when she had a VA appointment later that month. 

As the record indicates that there are outstanding VA medical records that are relevant to the appeal, a remand is necessary. 

The matters are REMANDED for the following action:

1. Obtain and associate with the claims file any outstanding VA treatment records.

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2. The Veteran’s claims should be readjudicated based on the entirety of the evidence. If the benefits sought on appeal is not granted, the Veteran should be provided a Supplemental Statement of the Case (SSOC) and afforded the requisite opportunity to respond before the case is remanded to the Board. For the issues on appeal, the SSOC should consider any new evidence received since the last Statement of the Case (SOC).

 

 

M. Donohue

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. V. Palatt, 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.