Citation Nr: 21071932 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 10-07 980 DATE: December 1, 2021 REMANDED Entitlement to an effective date prior to January 24, 2012, for the award of service connection for left lower extremity radiculopathy is remanded. Entitlement to an earlier effective date prior to March 23, 2012, for service connection for an adjustment disorder with depression and anxiety is remanded. Entitlement to an effective date earlier than July 17, 2016, for the grant of service connection for circinate balanitis is remanded. Entitlement to service connection for gonorrhea is remanded. Entitlement to service connection for herpes is remanded. Entitlement to service connection for conjunctivitis is remanded. Entitlement to service connection for atrial fibrillation is remanded. Entitlement to an initial rating in excess of 20 percent for left lower extremity radiculopathy is remanded. Entitlement to an initial rating in excess of 30 percent for an adjustment disorder with depression and anxiety from March 23, 2012, to October 14, 2015, is remanded. Entitlement to initial ratings higher than 10 percent for circinate balanitis from July 17, 2016, to February 24, 2020, and higher than 30 percent from February 24, 2020, is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Air Force (USAF) from September 1983 to September 1989. The current appeal has a long and unfortunately complicated procedural history with several appeal streams, Board of Veterans' Appeal (Board) Remands, Decisions by multiple Veterans' Law Judges not the undersigned, and one United States Court of Appeals for Veterans Claims (Court) decision and that history is as follows: In an October 2019 decision, the Board remanded the claims for an effective date prior to January 24, 2012, for the award of service connection for left lower extremity radiculopathy and for an initial rating in excess of 20 percent for left lower extremity (LLE) radiculopathy; In a January 2020 decision, the Board denied an earlier effective date prior to March 23, 2012, for service connection for an adjustment disorder with depression and anxiety and an initial rating in excess of 30 percent for an adjustment disorder with depression and anxiety from March 23, 2012, to October 14, 2015, as well as granted a 50 percent, but no higher, for adjustment disorder with depression and anxiety from October 14, 2015; In a February 2020 decision, the Board denied the claim to reopen for cervical fibrositis, denied service connection for pain and numbness of the bilateral upper extremities as secondary to cervical fibrositis as well as service connection for fibromyalgia and remanded the claim for an effective date earlier than July 17, 2016, for the grant of service connection for circinate balanitis, an initial rating in excess of 10 percent for circinate balanitis, and service connection for gonorrhea, herpes, and conjunctivitis; Ina February 2021 rating decision, the RO granted the Veteran's circinate balanitis a 30 percent rating effective February 24, 2020, even though this claim had been pending since July 17, 2016 (see Fenderson v. West, 12 Vet. App. 119, 125-26 (1999); AB v. Brown, 6 Vet. App. 35 (1993)); The Veteran appealed the January 2020 Board decision to the United States Court of Appeals for Veterans Claims (Court); In a March 2021 decision, Judge Meredith dismissed the claim for a rating in excess of 50 percent for the adjustment disorder with depression and anxiety from October 14, 2015, as well as vacated and remanded the claims for an earlier effective date prior to March 23, 2012, for service connection for an adjustment disorder with depression and anxiety and an initial rating in excess of 30 percent for an adjustment disorder with depression and anxiety from March 23, 2012, to October 14, 2015; In May 2021, the Board wrote the Veteran and his representative, notified them that additional evidence had been added to the claims file since the issuance pf the most recent supplemental statement of the case (SSOC), and notified them that his appeal would have to be Remanded for agency of original jurisdiction (AOJ) unless a waiver of that review was received by the Board; and To date, the Board has not received from the Veteran or his representative the requested waiver. Given the above history, the Board finds that the issues on appeal are as stated on the first page of this Remand. In this regard, notwithstanding the Veteran's April 2021 Informal Hearing Presentation including the claim of service connection for fibromyalgia, the Board finds that this issue is no longer in appellate status because it was adjudicated and denied in the earlier February 2020 Board decision. Lastly, the Board notes that in October 2021 it notified the Veteran and his representative that his claims for an earlier effective date for the grant of service connection for Reiter's syndrome and for a higher evaluation for Reiter's syndrome had been received. However, the Board finds that these issues will not be addressed in the below Remand because that appeal is controlled by the laws and regulations governing the Appeals Modernization Act (AMA), the new appeals system created by the United States Congress, review system (see 84 Fed. Reg. 138 (Jan. 18, 2019) and all the issues discussed below are controlled by the laws and regulations governing Legacy Appeals. All the Issues on Appeal are Remanded. As to all the issues on appeal, the Board finds that given the Veteran's and his representative's failure to reply to the Board's May 2021 letter requesting that they, within 45 days, provide the Board with a waiver of AOJ of the additional evidence that had been added to the claims file since the issuance pf the most recent SSOC a Remand for the AOJ to review this evidence and issue a SSOC is required. See 38 C.F.R. § 19.31 (a SSOC will be furnished to the veteran when additional pertinent evidence is received after a statement of the case has been issued). While appeal is in Remand status, any outstanding VA and private treatment records should also be obtained and associate with the record. See 38 U.S.C. § 5103A(b). It would be valuable to the Board and the Veteran if the Veteran's representative speak with the Veteran and organize all claims being filed by the Veteran (clearly indicating the issues) to avoid any delays. Filing different claims at different times only delays the process. The appeal is REMANDED for the following actions: 1. After obtaining all needed authorizations from the Veteran, associate with the claims file all outstanding private treatment records. If possible, the Veteran or his representative should submit and new pertinent evidence the Board/VA does not have (if any). Any help with the above would be appreciated. 2. Obtain and associate with the claims file any outstanding VA treatment records (if any). 3. After undertaking any other needed development, issue the Veteran and his representative a SSOC that, among other things, adjudicates all of the above issues considering all evidence added to the claims file since the issuance of the most recent SSOCs as to each of the issues on appeal. John J. Crowley Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N.T. Werner, 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.