Citation Nr: 21074872 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 10-14 860 DATE: December 16, 2021 REMANDED Entitlement to service connection for a cervical spine disability is remanded. REASONS FOR REMAND The Veteran served in the U.S. Army from June 1978 to June 1998. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2009 rating decision. The Veteran testified at a Board videoconference hearing in February 2015 before a Veterans Law Judge. In April 2021, the Veteran was informed that the Veterans Law Judge who had conducted his February 2015 Board hearing was no longer with the Board and he, therefore, had a right to an additional hearing before a different Veterans Law Judge. The letter stated that if the Veteran did not respond in 30 days, the Board would assume that the Veteran did not want another hearing. The Veteran has not responded and, therefore, the Board assumes the Veteran does not want another hearing. In a May 2015 decision, the Board, in pertinent part, denied the Veteran's claim of service connection for cervical spine disability. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In an Order dated in December 2015, the Court, granted a Joint Motion for Partial Remand (Joint Motion) of the parties (the Secretary of VA and the Veteran), and vacated the Board's decision, in pertinent part, with respect to the issue of cervical spine disability, and remanded the case to the Board for readjudication consistent with the Joint Motion. The Board subsequently remanded the claim for additional development in February 2016 and March 2017. In February 2020, the Board, in pertinent part, again denied the Veteran's claim of service connection for cervical spine disability. The Veteran appealed the Board's decision to the Court. In an Order dated in October 2020, the Court granted a Joint Motion of the parties, and vacated, in pertinent part, the Board's decision with respect to the issue of service connection for a cervical spine disability, and remanded the case to the Board for readjudication consistent with the Joint Motion. In May 2021, the Board remanded the claim for additional development. Service connection for a cervical spine disability The Board notes that the most recent adjudication of the Veteran's cervical spine disability claim was a supplemental statement of the case (SSOC) dated August 2021. Since the issuance of this SSOC, additional pertinent evidence, specifically a September 2021 VA examination and opinion report for the Veteran's cervical spine disability has since been associated with the claims file without a waiver Agency of Original Jurisdiction (AOJ) review. Under this circumstance, the Board will remand this matter for AOJ consideration of the additional evidence received in the first instance and issuance of a supplemental statement of the case reflecting any further action required and consideration of that evidence. See 38 C.F.R. §§ 19.31(a), 19.37(a). The matter is REMANDED for the following action: Review the claims file to ensure that all of the foregoing requested development is completed and arrange for any additional development indicated. Then readjudicate the claim on appeal, specifically reviewing any and all relevant evidence associated with the claims file since issuance of the August 2021 SSOC. If the benefit sought remains denied, issue an appropriate supplemental statement of the case and provide the Veteran and his representative with the requisite period of time to respond. Arif Syed Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Hammad Rasul, 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.