Citation Nr: 21003627
Decision Date: 01/22/21	Archive Date: 01/22/21

DOCKET NO. 14-28 792A
DATE: January 22, 2021

REMANDED

Entitlement to service connection for a skin disability, including basal and melanoma skin cancer, and dermatitis, is remanded.

Entitlement to service connection for a respiratory disability, COPD is remanded.

Entitlement to an initial rating in excess of 10 percent for Barrett’s esophagus with gastroesophageal reflux disease (GERD) is remanded.

Entitlement to a rating in excess of 10 percent for right knee osteoarthritis is remanded.

Entitlement to an initial rating in excess of 20 percent for right knee instability is remanded.

Entitlement to a rating in excess of 10 percent for left knee osteoarthritis is remanded.

REASONS FOR REMAND

The Veteran had active service from November 1959 to July 1982. These matters come before the Board of Veterans’ Appeals (Board) on appeal from October 2011 and May 2014 decisions.  

In July 2017, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) anda transcript of the proceeding is of record.

These matters were most recently before the Board in September 2017, when the service connection claims for skin disability and COPD were reopened, and along with the remaining aforementioned claims, were remanded for additional development.

Since the most recent August 2014 statements of the case (SOCs) (concerning increased ratings for right and left knee osteoarthritis and right knee instability), as well as the June 2020 supplemental statement of the case (SSOC) (concerning service connection for skin and respiratory disabilities and an increased rating(s) for Barrett’s esophagus with GERD), additional treatment records have been associated with the file. These are relevant to the issues currently on appeal. There is no indication that the Veteran waived review by the Agency of Original Jurisdiction (AOJ) of his additional treatment records. In November 2020, the Veteran was informed that these matters would be remanded for AOJ review of the newly received CAPRI records if he did not waive AOJ review within 45 days following the notification. To date, the Veteran has not responded. 

Accordingly, a remand is necessary for the AOJ to review these records and issue an additional SSOC.

The matters are REMANDED for the following action:

The AOJ should review all evidence received since the August 2014 SOCs and June 2020 SSOC. After the above development, and any additionally indicated development, has been completed, readjudicate the claim. If the benefits sought are not granted, send the Veteran and his representative a SSOC and provide an 

opportunity to respond. If necessary, return the case to the Board for further appellate review.

 

 

M. H. HAWLEY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Norwood, 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.