Citation Nr: 21062408
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 16-34 469
DATE: October 7, 2021

REMANDED

Entitlement to service connection for eczema, to include as a result of exposure to hazardous materials is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Navy from December 1965 to October 1969.  This matter is on appeal from a May 2013 rating decision.  In November 2018, the Board remanded the appeal for additional evidentiary development.  Subsequently, the Veteran passed away.  In June 2020, the Appellant was substituted as the Veteran's surviving spouse.

Entitlement to service connection for eczema, to include as a result of exposure to hazardous materials is remanded.

The Board observes that since the Agency of Original Jurisdiction (AOJ) last adjudicated the Appellant's claim in a September 2020 supplemental statement of the case statement of the case additional relevant evidence has been added to the record.  Specifically, military records and deck logs were associated with the record.

In July 2021, the Board sent the Appellant a letter to clarify whether she wanted to waive AOJ consideration of the newly obtained evidence.  The Appellant did not respond to the letter.  The letter stipulates that if the Appellant does not respond the Board will remand the appeal for AOJ review.  Under 38 C.F.R. § 20.1304(c), any pertinent evidence submitted without a waiver is to be referred to the AOJ.  For this reason, the Board is remanding this case for AOJ review of the additional evidence.

The matters are REMANDED for the following action:

Readjudicate the issue on appeal with consideration of the evidence received since the most recent Supplemental Statement of the Case (SSOC).  If the benefit sought is not granted to the Appellant's satisfaction, send the Appellant and her representative a new SSOC and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.