Citation Nr: 21069980
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 17-16 559
DATE: November 22, 2021

REMANDED

Whether new and material evidence has been submitted to reopen the claim for service connection for bilateral pes planus is remanded.

Whether new and material evidence has been submitted to reopen the claim for service connection for dysthymia/depression is remanded.

Whether new and material evidence has been submitted to reopen the claim for service connection for verruca vulgaris is remanded.

Entitlement to service connection for a low back disability is remanded.

Entitlement to service connection for arthralgia of left hip is remanded.

Entitlement to service connection for hemorrhoids is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1977 to September 1980 and from November 1990 to August 1991, to include service in Southwest Asia.  This matter comes before the Board of Veterans' Appeals (Board) from an October 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran appeared at a hearing before the undersigned Veterans Law Judge in June 2021, a transcript of which is of record.  

While the Board regrets further delay, the Veteran's claims must be remanded for additional development.  Additional VA treatment records were added to the claims file since the last Statement of the Case (SOC) as to this appeal was issued in January 2017.  VA regulations require that such evidence be submitted for consideration by the Agency of Original Jurisdiction (AOJ), unless the right to consideration by the AOJ is waived.  38 C.F.R. § 19.37, 20.1305(c).

Thus, in a September 16, 2021 correspondence, the Board asked the Veteran if she wished to waive AOJ review of the additional pertinent VA-generated evidence associated with the record.  The waiver request letter specifically notified the Veteran if she did not respond within 45 days from the date of the letter, the Board would remand the appeal to the AOJ for initial consideration of the additional evidence.  No response or waiver was received.  As such, the Board must remand the issues for AOJ review.  See 38 C.F.R. § 19.31.

The matter is REMANDED for the following action:

Review the additional evidence added to the record since the January 2017 SOC pertaining to these issues, complete any development deemed necessary in light of the new evidence, and readjudicate the claims. 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Scarduzio, 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.