Citation Nr: 21064730
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 16-58 336
DATE: October 21, 2021

REMANDED

Entitlement to service connection for an epileptic seizure condition is remanded.

REASONS FOR REMAND

The Veteran had active service in the Air Force from January 1996 to July 1997.  This matter is on appeal from May 2015 rating decision. 

Entitlement to service connection for epileptic seizure condition is remanded.

The Board observes that since the Agency of Original Jurisdiction (AOJ) last adjudicated the Veteran's claim for service-connected epileptic seizure condition in a May 2021 supplemental statement of the case, additional relevant evidence has been added to the record.  Specifically, a June 2021 VA Medical Opinion Disability Benefits Questionnaire (DBQ) is associated with the record.

In August 2021, the Board sent the Veteran a letter to clarify whether he wanted to waive AOJ consideration of the newly obtained evidence.  In September 2021, the Veteran replied to the August 2021 Board's letter, requesting that the case be remanded back to the AOJ for review of the additional evidence that was submitted in his appeal.  Per the Veteran's requests, the Board is remanding this case for AOJ review of the additional evidence.

 

The matters are REMANDED for the following action:

Readjudicate the issues on appeal with consideration of the entire evidence of record to include evidence received since issuance of the most recent supplemental statement of the case.  If the benefits sought are not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case 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	Le, Tai D.

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.