Citation Nr: 21003587
Decision Date: 01/22/21	Archive Date: 01/22/21

DOCKET NO. 17-29 132
DATE: January 22, 2021

REMANDED

Entitlement to a rating in excess of 30 percent for an adjustment disorder.

Entitlement to service connection for irritable bowel syndrome (IBS).

Entitlement to service connection for hemorrhoids.

Entitlement to service connection for episodic seizures.

Entitlement to service connection for right gluteal tendonitis.

REASONS FOR REMAND

After the May 2017 statement of the case (SOC), additional relevant VA treatment records pertaining to the issues on appeal were added to the record; however, no supplemental SOC (SSOC) has been issued. While the Veteran is presumed to have waived Regional Office (RO) review of evidence submitted with or after a VA Form 9, this presumption does not apply to evidence generated by and added to the file by VA.  See Section 501 of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, Public Law 112-154, amended 38 U.S.C. § 7105.  As such, the VA treatment records must be considered by the RO in the first instance, and a remand is therefore required.

The matters are REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding VA and private treatment records not already of record and associate them with the claims file.

2. Issue a supplemental statement of the case (SSOC) addressing the Veteran’s claims on appeal, including consideration of VA medical records received since the May 2017 SOC, as well as any other evidence added to the record. 

 

 

K. M. SCHAEFER

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Grzeczkowicz 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.