Citation Nr: 21067634 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 10-34 629 DATE: November 4, 2021 REMANDED Entitlement to an initial rating in excess of 10 percent for left knee meniscal tear, also referred to as left knee disability, is remanded. Entitlement to service connection for an eye disability. Entitlement to service connection for joint pain as due to service in Southwest Asia, to include the left and right elbow, left shoulder, and low back, is remanded. Entitlement to service connection for a neck disability is remanded. Entitlement to service connection for headaches is remanded. Entitlement to service connection for prostate cancer is remanded. Entitlement to an increased initial rating for PTSD is remanded. Entitlement to a TDIU prior to July 1, 2014, is remanded. Entitlement to an effective date earlier than June 18, 2008, for PTSD is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from May 1981 to May 1984, and from September 1990 to April 1991. The claims were last before the Board in February 2018 and were remanded for further development. Entitlement to an Increased Rating: Left Knee Entitlement to Service Connection: Eye Disability Entitlement to Service Connection: Joints (to include the left and right elbow, left shoulder, and low back) Entitlement to service connection: Neck Disability Entitlement to service connection: Headaches Although the Board sincerely regrets further delay, another remand is necessary to afford the Veteran every possible consideration. During the pendency of the appeals, the Veteran submitted additional evidence that has not been reviewed be the agency of original jurisdiction (AOJ). Although the Veteran initially submitted a waiver of evidence for AOJ review, in early October 2021, the Veteran later that month submitted a form crossing out his waiver selection and checking the box asking for AOJ review. Therefore, the Board finds that a remand is required in order for the AOJ to review the additional evidence of record and readjudicate the appeals in a rating decision or supplemental statement of the case (SSOC). See 38 C.F.R. § 19.31(b). Entitlement to service connection: Prostate cancer Entitlement to an increased initial rating: PTSD Entitlement to a TDIU: prior to July 1, 2014 Entitlement to an effective date earlier than June 18, 2008, for PTSD The above matters were appealed and never addressed in a statement of the case (SOC). Therefore, a remand is required in order for the Veteran to be provided with an SOC for the claimed conditions. See Manlincon v. West, 12 Vet. App. 238 (1999) (where a notice of disagreement has been filed with regard to an issue, and a statement of the case has not been issued, the appropriate Board action is to remand the issue to the RO for issuance of a statement of the case). The matters are REMANDED for the following action: 1. The Regional Office should consider all medical evidence of record, to include all new VA examinations, VA treatment records, and private medical records, as well as any newly adjudicated claims. After reviewing all medical evidence of record, issue a rating decision or supplemental statement of the case for the Veteran's increased rating claim for left knee disability, and his service connection claims for eye disability, neck disability, headaches, and the joints, to include the left shoulder, bilateral elbows, and back. 2. Issue a statement of the case for the Veteran's service connection claim for prostate cancer, increased rating claim for PTSD, to include entitlement to an earlier effective date, and his claim for TDIU prior to July 1, 2014. Ensure the Veteran is notified of the decision and of his rights to continue his appeal. Amanda E.H. Gibson Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Negron, 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.