Citation Nr: 21068617
Decision Date: 11/10/21	Archive Date: 11/10/21

DOCKET NO. 16-53 578
DATE: November 10, 2021

REMANDED

Entitlement to service connection for right knee condition is remanded.

REASONS FOR REMAND

The Veteran served in the United States Army from June 1987 to September 1992. 

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

1. Entitlement to service connection for right knee condition is remanded.

In a letter dated in July 2021, the Board informed the Veteran that additional evidence had been associated with the claims file that contained information relevant to the issues on appeal but had not been previously considered by the Agency of Original Jurisdiction (AOJ); this evidence includes VA treatment records, VA examination records, medical treatment records, and examination records.  The letter was returned to the Board as undeliverable.  In a second letter dated in September 2021, the Board informed the Veteran that additional evidence had been associated with the claims file that contained information relevant to the issues on appeal but had not been previously considered by the Agency of Original Jurisdiction (AOJ).  The Board requested that the Veteran submit an Additional Evidence Response Form indicating whether he would like the Board to remand this case back to the AOJ for review of the additional evidence in the first instance.  The Board noted that if it did not receive a response within 45 days of the letter, it would remand the appeal to the AOJ for review.  The Veteran submitted two Additional Evidence Response Forms back to the Board in October 2021, in both he made the selection "[p]lease remand (send back) my case back to the AOJ for review of the additional evidence that was submitted in my appeal."  See October 2021 Correspondence, see also October 2021 Correspondence.  As such, the Board will remand this case to the AOJ for readjudication considering the additional evidence in the first instance.

The matter is REMANDED for the following action:

1. Readjudicate the issue on appeal in light of the additional evidence added to the record since the October 2016 Statement of the Case (SOC).  If the benefits sought are not granted, issue an SSOC before returning the claim to the Board, if otherwise in order.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	V. Schmidt

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.