Citation Nr: 20056768
Decision Date: 08/27/20	Archive Date: 08/27/20

DOCKET NO. 11-32 940
DATE: August 27, 2020

REMANDED

Entitlement to service connection for a pancreas disability, to include pancreatitis and residuals of status-post laparotomy with removal of malignant pancreatic tumor is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1978 to January 1980. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 1996 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

This matter was previously remanded in October 2015, November 2017 and May 2020 Board decisions for further development.  Unfortunately, for the reasons discussed below, this matter must again be remanded. 

Entitlement to service connection for pancreatitis is remanded.

The most recent May 2020 Board decision remanded the Veteran’s claim for further development, specifically, an addendum opinion.  An addendum opinion was obtained in June 2020.   After the addendum opinion was obtained, the claim was recertified to the Board in June 2020, without the issuance of a supplemental statement of the case (SSOC).  Where a statement of the case (SOC) and any prior SSOC were prepared before the receipt of the additional evidence an SSOC will be furnished to the appellant  unless the additional evidence received duplicates evidence previously of record which was discussed in the SOC or a prior SSOC or the additional evidence is not relevant to the issue or issues on appeal.  38 C.F.R. § 19.37(a).  As the June 2020 addendum opinion is new evidence that does not duplicate evidence previously of record, remand is warranted for issuance of an SSOC. 

The matters are REMANDED for the following action:

1. Obtain all outstanding VA treatment records. 

2. After all outstanding records have been obtained, readjudicate the Veteran’s claim and issue a supplemental statement of the case (SSOC). 

 

 

Jennifer White

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Wimbish, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.