Citation Nr: 21072916
Decision Date: 12/06/21	Archive Date: 12/06/21

DOCKET NO. 20-19 652
DATE: December 6, 2021

REMANDED

Entitlement to service connection for chronic kidney disease is remanded.

Entitlement to service connection for sleep apnea is remanded.

Entitlement to service connection for hypothyroidism is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from September 1964 to May 1968.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).   

1. Entitlement to service connection for chronic kidney disease is remanded.

2. Entitlement to service connection for sleep apnea is remanded.

3. Entitlement to service connection for hypothyroidism is remanded.

Additional evidence has been submitted subsequent to the February 2020 Statement of the Case (SOC).  Specifically, VA treatment records and Vet Center records have been associated with the file.  In a September 2021 letter the Board notified the Veteran of the newly associated files and his right to have the evidence reviewed by the agency of original jurisdiction (AOJ).  The letter indicated the Veteran had 45 days from the date of the letter to respond, and if no response was received, it would be assumed the Veteran wants the appeals returned to the AOJ for review.  No response to this letter was received from the Veteran.  As such, the Board finds a remand is necessary.

As a remand is otherwise required in this case, efforts should be undertaken to determine if there are any other outstanding medical records pertinent to the issues on appeal.

The matters are REMANDED for the following action:

1. Ask the Veteran to identify, and provide appropriate releases for, any care providers who may possess new or additional evidence pertinent to the issue on appeal.  If he provides the necessary release(s), assist him in obtaining the records identified, following the procedures set forth in 38 C.F.R. § 3.159.  Any new or additional (i.e., non-duplicative) evidence received should be associated with the record.  If any of the records sought are not available, the record should be annotated to reflect that fact, and the Veteran and his representative should be notified.

2. Obtain copies of records pertaining to any VA treatment the Veteran has received since the time that such records were last procured, following the procedures set forth in 38 C.F.R. § 3.159.  The evidence obtained, if any, should be associated with the record.

3. Readjudicate the issues on appeal with consideration of all evidence of record.  Such includes the more recently VA treatment records and Vet Center records.  If any benefits sought are not granted, furnish the Veteran and his representative with a supplemental statement of the case, and afford them and opportunity to respond before the record is returned to the Board for further review. 

 

 

John Kitlas

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Rekowski

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.