Citation Nr: 21072212
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 17-04 021
DATE: December 2, 2021

REMANDED

Entitlement to an initial rating in excess of 60 percent for obstructive sleep apnea with asthma is remanded.

Entitlement to an initial compensable rating for hemorrhoids is remanded.

Entitlement to an initial compensable rating prior to July 28, 2020, and a rating in excess of 30 percent since July 28, 2020 for bilateral pes planus is remanded. 

Entitlement to an initial compensable rating prior to May 10, 2016, and a rating in excess of 10 percent since May 10, 2016 for hypertension is remanded.

Entitlement to an initial compensable rating for right musculocatance neuropathy is remanded. 

Entitlement to an initial rating in excess of 10 percent for radiculopathy, right lower extremity, is remanded. 

Entitlement to an initial compensable rating for erectile dysfunction is remanded.

Entitlement to service connection for a disability characterized by chronic cramping, extreme sweating and overheating is remanded.

Entitlement to service connection for a heart disability, claimed as chest pain, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1988 to February 1992, and from April 1995 to November 2015. While the claims listed above have been pending before the Board under the legacy system, the Veteran has submitted various supplemental claims for chronic cramping and sweating (2019) and claims for increased ratings for bilateral pes planus and right neuropathy (January 2021).  The Board notes that the issues listed above on the title page of this decision remain in the legacy system and stem from April 2016 and June 2016 rating decisions.  

1. Entitlement to an initial rating in excess of 60 percent for obstructive sleep apnea with asthma is remanded.

2. Entitlement to an initial compensable rating for hemorrhoids is remanded.

3. Entitlement to an initial compensable rating prior to July 28, 2020, and a rating in excess of 30 percent since July 28, 2020 for bilateral pes planus is remanded. 

4. Entitlement to an initial compensable rating prior to May 10, 2016, and a rating in excess of 10 percent since May 10, 2016 for hypertension is remanded.

5. Entitlement to an initial compensable rating for right musculocatance neuropathy is remanded. 

6. Entitlement to an initial rating in excess of 10 percent for radiculopathy, right lower extremity, is remanded. 

7. Entitlement to an initial compensable rating for erectile dysfunction is remanded.

8. Entitlement to service connection for a disability characterized by chronic cramping, extreme sweating and overheating is remanded.

9. Entitlement to service connection for a heart disability, claimed as chest pain, is remanded.

With respect to all of his claims, the Board notes that July 2021 and September 2021 letters were mailed to the Veteran informing him that medical records had been associated with his claims file by the VA since the Agency of Original Jurisdiction (AOJ) last readjudicated his claims.  A review of the claims file confirms that numerous VA treatment records and examinations were associated with the file following the most recent November 2016 (erectile dysfunction) and January 2017 (all other issues) statements of the case.  The Veteran was informed that he had 45 days from the dates of the letters to respond as to whether he would waive review of this additional evidence by the AOJ.  It was noted that if the Veteran did not respond by the end of the 45-day time period it would be assumed that he did not wish to have the Board decide his appeal at this time and that he wanted his case remanded to the AOJ for review.  As the Veteran never provided a response, the Board is left no choice but to remand all of his claims so that the AOJ can consider this new evidence associated with the claims file by the VA. 

The matters are REMANDED for the following action:

After completing any other development deemed necessary, readjudicate the issues currently on appeal with consideration of all applicable laws and regulations. If any benefit sought on appeal remains denied, issue the Veteran and his representative a supplemental statement of the case and allow the appropriate time for response. Then, return the case to the Board.

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. M. Clark, 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.