Citation Nr: 21001275
Decision Date: 01/07/21	Archive Date: 01/07/21

DOCKET NO. 05-30 371
DATE:    January 7, 2021

REMAND

Entitlement to service connection for a disability manifested as motion sickness is remanded.

REASONS FOR REMAND

The Veteran served in the United States Navy from September 1959 to April 1980.

This matter is before the Board of Veterans’ Appeals (Board) following a third Board Remand in July 2010. This matter was originally on appeal from a February 2005 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Manilla, Philippines (hereinafter Agency of Original Jurisdiction (AOJ)).

Entitlement to service connection for a disability manifested as motion sickness is remanded.

The Veteran seeks entitlement to service connection for a disability manifested as motion sickness. After the last AOJ adjudication in May 2011, additional potentially pertinent evidence has been added to the record. By letter dated November 3, 2020, the Board advised the Veteran of this additional evidence and advised him of right to waive AOJ consideration of this evidence in the first instance. The Veteran has not responded. As such, the Board must remand this case for AOJ review of the evidence in the first instance.

Accordingly, this matter is REMANDED for the following:

Readjudicate the claim considering the evidence added to the claims folder since the last AOJ adjudication. If any benefit sought on appeal is not granted in full, furnish the Veteran and his representative a supplemental statement of the case.

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Patrick C. Brady, Attorney Advisor

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.