Citation Nr: 21071890
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 15-33 580
DATE: December 1, 2021

REMANDED

Entitlement to service connection for a respiratory disorder, to include chronic obstructive pulmonary disease (COPD), bronchitis, and sinusitis, is remanded.

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

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded

REASONS FOR REMAND

The Veteran had active service from September 1966 to September 1968.  This case is before the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

The most recent adjudication of these issues occurred in a June 25, 2021 Supplemental Statement of the Case (SSOC).  Subsequently, on July 21, 2021, VA treatment records were associated with the claims file.  The Board sent the Veteran a waiver solicitation letter on September 21, 2021 to ascertain whether it could review this newly submitted evidence.  The Board explained in the letter that if no response from the Veteran was received, the Board would remand the appeal for consideration of the evidence by the Agency of Original Jurisdiction in the first instance.  The Board has not received a response from the Veteran.  As such, these claims must be remanded to the AOJ for consideration of the additional evidence and the issuance of an SSOC.  See 38 C.F.R. § 19.37.

The matters are REMANDED for the following action:

Readjudicate the Veteran's claims for entitlement to service connection for a respiratory disorder, to include COPD, bronchitis, and sinusitis; entitlement to service connection for a low back disorder; and entitlement to TDIU, with consideration of all additional evidence associated with the claims file after the June 25, 2021 SSOC, to include the VA treatment records associated with the claims file on July 21, 2021.  

 

 

S.C. Krembs

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Samuelson, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.