Citation Nr: 21065908
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 17-29 597
DATE: October 27, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for Wolff-Parkinson-White Syndrome is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1978 to July 1984 and from February 1986 to December 1990.  The Veteran passed away in December 2017.  The Appellant is her widower, who has been substituted as the claimant in this matter.  See 38 U.S.C. § 5121A.

This matter comes before the Board of Veterans' Appeals (Board) from an October 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The Board notes that this claim was dismissed by the Board in March 2018 due to the death of the Veteran.  However, substitution was granted, and the claim returns for appellate review.

1. Entitlement to a rating in excess of 10 percent for Wolff-Parkinson-White Syndrome is remanded.

After a statement of the case (SOC) was issued in April 2017, additional relevant VA treatment records were added to the record, including a November 2017         VA treatment record containing left ventricular ejection fraction (LVEF) measurements.  However, a supplemental statement of the case (SSOC) has        not been issued which considers this additional pertinent evidence.  See 38 C.F.R. § 19.31(b); Sprinkle v. Shinseki, 733 F.3d 1180, 1184 (Fed. Cir. 2013) (noting that an SSOC is issued when additional pertinent evidence is received by the agency of original jurisdiction (AOJ) after the issuance of a SOC "[t]o ensure that claimants receive the benefit of this two-tiered review within the agency.").  In September 2021, VA sent the Appellant a letter indicating that he could waive AOJ consideration of this additional evidence by completing the attached waiver form.  Thereafter, the Appellant indicated that he wished to have this matter remanded for AOJ review prior to Board adjudication.  Accordingly, a remand is necessary for the AOJ to consider this additional pertinent evidence in the first instance.  See 38 C.F.R. § 19.31(b).

The matters are REMANDED for the following action:

Readjudicate the Veteran's claim for entitlement to an increased rating for Wolff-Parkinson-White Syndrome, to include consideration of the evidence received since the April 2017 SOC.  If the benefits sought on appeal remain denied, the Appellant should be furnished an SSOC and given an opportunity to respond before the case is returned to the Board.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Lance, 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.