Citation Nr: 20052575 Decision Date: 08/07/20 Archive Date: 08/07/20 DOCKET NO. 17-17 465 DATE: August 7, 2020 REMANDED The appeal for entitlement to service connection for post-traumatic stress disorder (PTSD) is remanded. The appeal for entitlement to service connection for bilateral pes planus is remanded. The appeal for entitlement to service connection for an eye condition (claimed as decreased visual acuity) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2008 to April 2012. She is a combat Veteran awarded the Iraq Campaign Medal for her service in Iraq from April 2010 to August 2010. These matters are before the Board of Veterans’ Appeals (Board) on appeal from August 2013 and February 2017 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). In August 2019, the Veteran testified at a Board videoconference hearing before the undersigned Veterans Law Judge. The transcript is of record. These matters were previously before the Board in October 2019 when they were remanded for additional development. They have now been returned for further appellate review. 1. Entitlement to service connection for PTSD. 2. Entitlement to service connection for bilateral pes planus. 3. Entitlement to service connection for an eye condition (claimed as decreased visual acuity). The most recent Supplemental Statement of the Case was issued to the Veteran in March 2020. Since then, additional VA treatment records were added to the record in May 2020. Some of these records are dated after March 2020. Two sets of additional service treatment records were also added to the record in May 2020. These total hundreds of pages. The RO has not had an opportunity to reconsider the Veteran’s claims in the context of this new evidence. The Veteran has the right to have this evidence considered by the RO. As these records were obtained by VA and were not submitted by the Veteran, a waiver of RO consideration cannot be presumed. The Veteran was contacted by a letter dated June 11, 2020 from the Board. She was asked if she wanted to waive initial RO consideration of the new evidence, or if she wanted the evidence remanded for initial review by the RO. She was also informed that if she did not reply within 45 days, it would be assumed that she did not wish to have the Board review her appeal at this time, and the appeal would be remanded to the RO for initial review of the new evidence. To date, the Veteran has not replied to the June 11, 2020 letter. Therefore, as more than 45 days have passed, the matters are REMANDED for the following action: Readjudicate the issues on appeal, with consideration of all evidence received since the March 2020 Supplemental Statement of the Case was issued. If the benefits sought are not granted to the Veteran’s satisfaction, send the Veteran a Supplemental Statement of the Case and provide her an opportunity to respond. If necessary, return the case to the Board for further appellate review. Paul Sorisio Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board John L. Prichard 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.