Citation Nr: 21065548
Decision Date: 10/26/21	Archive Date: 10/26/21

DOCKET NO. 18-07 241
DATE: October 26, 2021

REMANDED

Entitlement to service connection for multiple myeloma is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1992 to June 1995.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran testified at a hearing conducted by the undersigned Veterans Law Judge in June 2021. A transcript of the hearing has been associated with the Veteran's VA claims file.

Entitlement to service connection for multiple myeloma.

The Veteran claims that she has multiple myeloma as a result to exposure to radiation, meat contaminated with mad cow disease, fumes, and/or fuel. See June 2021 hearing transcript.

Under 38 C.F.R. § 19.37(a), evidence received by the RO 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).

In this case, the statement of the case (SOC) was issued in January 2018, prior to receipt of September 2018 VA treatment records relating to the Veteran's multiple myeloma. A September 2018 letter notified the Veteran that her appeal had been certified to the Board.

The September 2018 VA treatment records are relevant to the issue on appeal. Therefore, the evidence received by the RO prior to the transfer of records to the Board must be referred to the RO for initial review and disposition. 38 C.F.R. §§ 19.31, 19.37(a). 

On remand, the RO must issue an SSOC that considers the aforementioned VA treatment records and all additional evidence received since the SOC of January 2018. 

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This matter is REMANDED for the following action:

Readjudicate the claim on appeal considering all evidence added to the claims file since the January 2018 SOC. If the benefit sought is not granted, provide the Veteran and her representative with an SSOC.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Oquendo, L., Associate 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.