Citation Nr: 21069410 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 13-23 387 DATE: November 18, 2021 REMANDED Entitlement to service connection for hypertension is remanded. Entitlement to service connection for a bilateral foot disability is remanded. Entitlement to service connection for a bilateral shoulder disability is remanded. Entitlement to service connection for a lumbar spine disability is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1965 to September 1967, followed by service in the Army Reserve. This case comes before the Board of Veterans' Appeals (Board) on appeal from a May 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania, denying all of the claims currently on appeal. In April 2015, the Board issued a decision which denied service connection for hypertension and remanded all of the other claimed disabilities currently on appeal for further evidentiary development. In June 2015, the Veteran appealed the Board's decision of entitlement to service connection for hypertension to the United States Court of Appeals for Veterans Claims (Court). In September 2016, the Court issued a Memorandum Decision, which vacated the portion of the Board's decision that denied entitlement to service connection for hypertension and remanded the matter for further consideration and instructions consistent with the Court's Memorandum Decision. The Board notes that the Veteran presented testimony before a Veterans Law Judge in November 2014. The Veterans Law Judge who conducted the hearing is no longer employed by the Board. In February 2018, a letter was sent to the Veteran, which offered him the opportunity to elect to appear again for a new Board hearing. The Veteran was provided 30 days from the date of the letter to make his election. Absent any indication of a desire for a new hearing from the Veteran, the Board will proceed with adjudicating the claims. In March 2018, VA received correspondence from the Veteran indicating that he did not wish to appear at another Board hearing. Thus, the Board will proceed with adjudicating the Veteran's claims. In April 2018, all issues were remanded again for further development, to include obtaining all outstanding private treatment records as well as VA treatment records and VA examinations with opinions. On February 4, 2021 the Board denied service connection for hypertension, bilateral foot disability, bilateral shoulder disability, and a lumbar spine disability. In February 1, 2021, the Veteran requested an extension of time to submit evidence. To prevent prejudice to the Veteran, in August 2021, the Board vacated its February 2021 decision. 1. Entitlement to service connection for hypertension is remanded. 2. Entitlement to service connection for a bilateral foot disability is remanded. 3. Entitlement to service connection for a bilateral shoulder disability is remanded. 4. Entitlement to service connection for a lumbar spine disability is remanded. The Veteran, through his representative, submitted a facsimile containing 69 pages in May 2021. However, only 25 pages of the 69 pages are associated with the claims file, and those 25 pages contain argument and medical evidence. Portions of the document are titled Independent Medical Examination (IME), and indicate the IME is 31 pages in total, however only pages 8 through 31 are within those associated with the file. Accordingly, the Agency of Original Jurisdiction (AOJ) needs to associate the missing pages from the May 2021 submission, and if the AOJ does not have those documents, to contact the Veteran and his representative to provide the entire 69 page submission from May 2021. The matters are REMANDED for the following action: 1. Associate all 69 pages of the Veteran's May 2021 submission. If the AOJ does not have all 69 pages, contact the Veteran and his representative to obtain the entirety of the May 2021 submission and associate them with the claims file. (Continued on the next page) 2. All efforts to obtain these records should be documented, and if the records cannot be located, a finding of unavailability should be associated with the Veteran's claims file. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Skiouris, 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.