Citation Nr: 21068736 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 16-59 213 DATE: November 12, 2021 REMANDED Entitlement to an initial rating in excess of 30 percent for hypothyroidism from July 8, 2016 is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1979 to March 1993 and from April 1996 to August 1998. In August 2019, the current issue of entitlement to an initial rating in excess of 30 percent for hypothyroidism from July 8, 2016 was remanded by another Veterans Law Judge for additional development. The August 2019 Board decision also denied a rating in excess of 30 percent for hypothyroidism prior to July 8, 2016. The Veteran appealed that portion of the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In an October 2020 Memorandum Decision, the Court affirmed the Board's August 2019 denial of a rating in excess of 30 percent for hypothyroidism prior to July 8, 2016. Consequently, that time period is not before the Board. The case has now been assigned to the undersigned Veterans Law Judge. Entitlement to an initial rating in excess of 30 percent for hypothyroidism from July 8, 2016. The Veteran underwent a VA thyroid examination on August 26, 2020. Thereafter, the Agency of Original Jurisdiction (AOJ) issued a supplemental statement of the case (SSOC) on September 11, 2020 which considered the report of this August 26, 2020 VA thyroid examination (as such report was listed in the "Evidence" section and discussed in the "Reasons and Bases" section of that SSOC). The Veteran also underwent a VA psychiatric examination on September 11, 2020. However, the September 11, 2020 SSOC did not consider the report of this September 11, 2020 VA psychiatric examination (as such report was not listed in the "Evidence" section or discussed in the "Reasons and Bases" section of that SSOC), and the record reflects that the AOJ did not subsequently issue an SSOC in this case to consider such evidence. In an October 2020 written submission, the Veteran noted that the AOJ's September 11, 2020 SSOC did consider the August 26, 2020 VA thyroid examination report but did not consider the September 11, 2020 VA psychiatric examination report, and requested that the AOJ issue another SSOC considering the September 11, 2020 VA psychiatric examination report. Because pertinent VA-generated evidence (i.e., the September 11, 2020 VA psychiatric examination report) was added to the claims file since the most recent SSOC and the Veteran has explicitly requested AOJ review of such evidence, remand is necessary for the AOJ to consider such evidence in the first instance. See 38 U.S.C. § 7105(e) (2012); 38 C.F.R. § 20.1305 (2021). The matter is REMANDED for the following actions: 1. Obtain the Veteran's VA treatment records for the period from October 2020 to the present. 2. Thereafter, review the record (to specifically include all pertinent VA-generated evidence received since the September 11, 2020 SSOC, including the September 11, 2020 VA psychiatric examination report), ensure that all development is completed (and arrange for any further development suggested by additional evidence received), and readjudicate the claim on appeal for entitlement to a higher initial rating for hypothyroidism from July 8, 2016. If the benefit sought on appeal remains denied, in whole or in part, an SSOC must be provided to the Veteran and her representative. After the Veteran and her representative have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review. M. SORISIO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. B. Yantz, Counsel The Board's decision in this case is binding only with respect to the instant matter(s) decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.