Citation Nr: 21063549
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 15-05 963
DATE: October 14, 2021

REMANDED

Entitlement to an initial rating in excess of 30 percent for shortness of breath with pleural thickening is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from December 2000 to November 2009.

In January 2019, the Board remanded issue of entitlement to an initial rating in excess of 30 percent for shortness of breath with pleural thickening for issuance of a statement of the case (SOC).  This issue was adjudicated in an April 2020 SOC, and the Veteran was notified.  While the Veteran did not file a timely substantive appeal in response, the Board led the Veteran to believe that this issue was properly on appeal and took jurisdiction over it by remanding it in June 2020 for additional evidentiary development.  This issue has been returned to the Board for appellate review.

In an August 2021 letter, the Veteran and his representative were notified of additional relevant evidence obtained and associated with the record since the Agency of Original Jurisdiction (AOJ) readjudicated the case in a January 2021 supplemental statement of the case (SSOC) and the AOJ returned the case to the Board in February 2021.  After the case was returned to the Board, VA obtained additional evidence consisting of VA treatment records dated from January 2020 to July 2021 that documented in April 2021 pulmonary function test (PFT) was completed by non-VA provider.

The Veteran was requested to specify whether he waives the right to have such evidence initially reviewed by the AOJ or to have the case sent back to the AOJ for initial review.  The Veteran was also informed that if no response was received within 45 days from the date of the letter that the Board will assume the Veteran does not wish to have the Board decide the appeal at this time and will remand it to the AOJ for review.  Review of the record shows that no response was received by the Veteran within 45 days of the August 2021 letter.

The matter is REMANDED for the following action:

Readjudicate the claim.  If any decision is adverse to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response.  Then, return the case to the Board.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Carter, 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.