Citation Nr: 21066861
Decision Date: 11/02/21	Archive Date: 11/02/21

DOCKET NO. 17-11 803
DATE: November 2, 2021

REMANDED

Entitlement to service connection for a back disability is remanded.

Entitlement to service connection for a left knee disability is remanded.

Entitlement to service connection for a right disability is remanded.

Entitlement to service connection for a bilateral heel spurs disability is remanded.

Entitlement to service connection for bilateral tinea pedis disability is remanded.

Entitlement to service connection for a chronic sinus disability is remanded.

Entitlement to service connection for sleep apnea is remanded.

Entitlement to service connection for a hemorrhoid disability is remanded.

Entitlement to service connection for bilateral hearing loss is remanded.

Entitlement to service connection for erectile dysfunction is remanded.

Entitlement to service connection for a bilateral epididymitis is remanded.

Entitlement to a rating in excess of 10 percent for plantar warts and hammer toes of the left foot is remanded.

Entitlement to a rating in excess of 10 percent for plantar warts and hammer toes of the right foot is remanded.

REASONS FOR REMAND

The Veteran had active service from June 1973 to June 1997.

These matters were previously before the Board in June 2019 and were remanded for further development.  The development has been completed and the matters are again before the Board.  

However, the Board finds another remand is warranted.  Since the last SSOC was issued in September 2020, new evidence that has not been reviewed by the regional office (RO) has been added to the Veteran's claims file.  

In August 2021, VA sent the Veteran a letter asking whether the Veteran wanted to waive RO jurisdiction of this newly submitted evidence or if he would like the matters to be remanded.

Initially, the Veteran submitted a letter saying he waived his right to RO review.  

However, in several subsequent letters, the Veteran indicated he did not waive his right to RO review and requested a remand.  Therefore, the matters will be remanded for RO review and the issuance of another SSOC.

The matters are REMANDED for the following action:

1. The AOJ should obtain the Veteran's outstanding medical records and associate them with the claims file.

If possible, the Veteran should submit any pertinent new evidence regarding the condition at issue in order to expedite the claim.

2. After undertaking any other appropriate development deemed necessary, readjudicate the issues on appeal based on the additional evidence of record.  If the determinations remain adverse to the Veteran, he and his representative must be provided with a supplemental statement of the case.  An appropriate period of time must then be allowed for a response before the record is returned to the Board for further review.

 

 

John J. Crowley

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Snoparsky

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.