Citation Nr: 21074019
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 18-45 003
DATE: December 14, 2021

REMANDED

Whether new and material evidence has been received to reopen the claim of entitlement to service connection for lumbar spine degenerative disc disease is remanded.

Entitlement to service connection for incontinence, to include as secondary to service-connected disease or injury, is remanded.

Entitlement to service connection for headache disability is remanded.

Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1973 to June 1993.

In February 2021, the Veteran testified before the undersigned Veterans Law Judge at a Board of Veterans' Appeals (Board) virtual hearing.  A transcript of the proceeding is of record.

 

1. Whether new and material evidence has been received to reopen the claim of entitlement to service connection for lumbar spine degenerative disc disease is remanded.

2. Entitlement to service connection for incontinence, to include as secondary to service-connected disease or injury, is remanded.

3. Entitlement to service connection for headache disability is remanded.

4. Entitlement to an initial rating in excess of 30 percent for posttraumatic stress disorder is remanded.

Upon review of the evidence of record, the Board finds remand is warranted for all issues on appeal.

With regard to all issues on appeal, pertinent evidence not submitted by the Veteran was received after issuance of an August 2018 statement of the case (SOC), but before the appeal was transferred and certified to the Board in August 2019.  See, e.g., VA medical records received November 9, 2018.  The Agency of Original Jurisdiction has not since issued a supplemental statement of the case.

Therefore, remand is required to allow the Agency of Original Jurisdiction to review the evidence and issuance a new rating decision or supplemental statement of the case.  See 38 C.F.R. §§ 19.31(b)(1), 19.37(a).

The matters are REMANDED for the following action:

 

1. After considering the evidence added to the claims file, adjudicate the Veteran's claims and issue a new rating decision and/or supplemental statement of the case.

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Gregory T. Shannon, 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.