Citation Nr: 21063969
Decision Date: 10/18/21	Archive Date: 10/18/21

DOCKET NO. 17-12 850
DATE: October 18, 2021

REMANDED

Entitlement to service connection for chronic bronchitis is remanded.

Entitlement to service connection for a bilateral foot injury is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1972 to April 1974.

These matters are before the Board of Veterans' Appeals (Board) on appeal of an August 2015 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA).

In December 2019, the Board reopened the Veteran's claims and remanded them for additional development to include obtaining updated medical records and VA etiology opinions.

The Board notes that following the August 2020 supplemental statement of the case (SSOC), VA added additional private medical evidence to the Veteran's claims file. Pertinent evidence is initially reviewed by the AOJ. Additional pertinent evidence that becomes available after the AOJ's statement of the case or supplemental statement of the case after certification to the Board must be referred back to the AOJ for initial review. 38 C.F.R. §§ 19.31, 19.37. Exceptions are when the Veteran waives this review right, or when the Board grants the benefit being sought in full. Id.

The Board sent the Veteran a letter in August 2021 notifying him that VA added additional pertinent evidence since the August 2020 SSOC, and that he had 45 days to respond as to whether he wished to waive AOJ review of the evidence. The Veteran responded in August 2021 and explicitly indicated that he wished to have the AOJ review the pertinent evidence. As such, the AOJ must furnish the Veteran with a supplemental statement of the case to address all additional evidence after the August 2020 SSOC.

The matters are REMANDED for the following action:

Send the Veteran and his representative a SSOC that includes review of all evidence obtained since the August 2020 SSOC.

 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.