Citation Nr: 21064165
Decision Date: 10/19/21	Archive Date: 10/19/21

DOCKET NO. 17-50 411A
DATE: October 19, 2021

REMANDED

Entitlement to an increased rating in excess of 10 percent for hypertension (claimed as high blood pressure) is remanded.

Entitlement to service connection for increased liver enzymes is remanded.

Entitlement to service connection for right hemi-facial spasms is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1978 to July 2007.

This case comes before the Board of Veterans' Appeals (Board) on appeal of an August 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran filed a timely Notice of Disagreement in August 2013. An October 2017 VA Form 9 shows the Veteran declined an optional Board hearing. The case is now before the Board. 

1. Entitlement to an increased rating in excess of 10 percent for hypertension 

2. Entitlement to service connection for increased liver enzymes 

3. Entitlement to service connection for right hemi-facial spasms

Under 38 C.F.R. § 19.37(a), evidence received by the Agency of Original Jurisdiction (AOJ) prior to the transfer of records to the Board after an appeal has been initiated will be referred to the appropriate rating or authorization activity for review and disposition. In such circumstances, a Supplemental Statement of the Case (SSOC) must be furnished to the veteran and any representative, as provided in 38 C.F.R. § 19.31, unless the additional evidence is duplicative or not relevant to the issue on appeal. 38 C.F.R. § 19.37(a). 

The Veteran's claims were denied in an August 2013 rating decision. The RO produced a Statement of the Case (SOC) in September 2017. The Veteran's appeal was transferred to the Board in April 2020. Following the September 2017 SOC and before the case was transferred to the Board, additional evidence has been associated with the Veteran's claims file by the AOJ that is relevant to the issue of entitlement to a higher rating for hypertension and the issues of service connection for elevated liver enzymes and right hemi-facial spasms. This evidence includes VA treatment records from VA medical centers in Kauai and Honolulu (Hawaii) dated from October 2017 through September 2019. This relevant evidence has not been considered by the AOJ, and no waiver of initial AOJ consideration of this evidence has been received. See 38 C.F.R. § 20.1305(c). Hence, the Board is required to remand all three issues for issuance of the necessary SSOC.

The matters are REMANDED for the following action:

The AOJ should readjudicate the issues on appeal, to include consideration of all relevant evidence received following the September 2017 SOC. If any benefits sought are not granted in full, the Veteran and his representative should be provided with an SSOC and afforded a reasonable opportunity to respond before the record is returned to the Board for further review.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Hetman

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.