Citation Nr: 21073523
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 17-09 477
DATE: December 8, 2021

REMANDED

Entitlement to service connection for headaches is remanded.

Entitlement to service connection for sleep apnea is remanded.

Entitlement to service connection for hypertension is remanded.

Entitlement to a compensable rating prior to May 14, 2021 and a rating in excess of 30 percent therefrom for service-connected acquired psychiatric disorder is remanded.

Entitlement to a total disability based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1968 to February 1970.  

In January 2021, the Veteran testified at a virtual hearing before the undersigned Veterans Law Judge (VLJ).  A transcript of the hearing is associated with the record. 

In October 2021, the Board remanded the current claims for additional development.

The Board notes that the Veteran has a representative for the issues addressed in this decision.  However, he has another issue on appeal for which he is unrepresented (service connection for chronic obstructive pulmonary disorder (COPD)).  Therefore, the claim for service connection for COPD will be addressed in a separate decision.

Entitlement to service connection for headaches, sleep apnea, and hypertension; an increased disability rating for an acquired psychiatric disorder; and a TDIU are remanded.

In October 2021, the Board remanded the current claims for additional development.  Although the Veteran's claims have since been returned to the Board, no Supplemental Statement of the Case (SSOC) has been completed and it appears that the Agency of Original Jurisdiction (AOJ) is still developing these claims.  See November 2021 Subsequent Development Letter (providing notice that the AOJ is still working on his claim in accordance with the Board's November 2021 remand).  As these claims are not ready for the Board's review, remand is warranted to allow the AOJ to complete the necessary development.

The matters are REMANDED for the following actions:

1.  Conduct all necessary development as directed by the October 2021 Board remand.

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2.  Then, readjudicate the remanded issues on appeal.  If any decision is adverse to the Veteran, issue an SSOC and allow the applicable time for a response.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Metzner, Paul

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.