Citation Nr: 21069244
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 16-37 692
DATE: November 17, 2021

REMANDED

Entitlement to service connection for sleep apnea is remanded.

Entitlement to service connection for gastroesophageal reflux disease (GERD) is remanded.

Entitlement to service connection for restless leg syndrome is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1969 to September 1970 and from February 1991 to May 1991, with additional service in the Navy Reserve, Army Reserve and Air Force Reserve.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas.  

This matter has previously been before the Board, most recently in June 2021.  At that time, the Board remanded the claims for service connection for sleep apnea, GERD and restless leg syndrome in order to verify the Veteran's periods of active duty, active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA), and to provide him with VA examinations to determine the nature and etiology of his conditions.  On September 3, 2021, the RO issued a supplemental statement of the case (SSOC) adjudicating the issues.  On September 23, 2021, the RO issued another SSOC notifying the Veteran to disregard the September 3, 2021 SSOC in order that additional development of the record could be completed.  Nevertheless, the RO returned the matter to the Board.  Pursuant to 38 C.F.R. § 19.31(b)(2), an Agency of Original Jurisdiction will furnish an SSOC if a material defect in a prior SSOC is discovered.  The September 3, 2021 SSOC contains a material defect inasmuch as it was issued before fully complying with the directives of the June 2021 Board remand.  Accordingly, remand is warranted to allow the RO to complete its development and issue an SSOC, after fully complying with the Board's June 2021 remand.  

The matters are REMANDED for the following action:

Review the claims file to ensure that all of the development is completed as requested in the June 2021 Board remand, and arrange for any additional development, if needed, following the receipt of any additional relevant records on remand.  Then readjudicate the remaining claims on appeal.  If any of the benefits sought remain denied, issue an appropriate supplemental statement of the case and provide the Veteran and any representative the requisite time to respond.  The case should then be returned to the Board for further appellate review, if otherwise in order.  

 

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Snyder, 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.