Citation Nr: 21075173
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 17-38 687
DATE: December 17, 2021

REMANDED

Entitlement to service connection for erectile dysfunction is remanded.

Entitlement to service connection for respiratory condition is remanded.

Entitlement to service connection for a prostate condition is remanded.

Entitlement to service connection for nephrolithiasis is remanded.

REASONS FOR REMAND

The veteran served on active duty from February 1987 to November 1991.

These matters come before the Board of Veterans' Appeals (Board) on appeal from  March 2012 and October 2014 rating decisions.

In May 2020, the Board previously remanded the claims for further development.

1. Entitlement to service connection for erectile dysfunction is remanded.

2. Entitlement to service connection for respiratory condition is remanded.

3. Entitlement to service connection for a prostate condition is remanded.

4. Entitlement to service connection for nephrolithiasis is remanded.

Since the January 2021 Supplemental Statement of the Case (SSOC), VA has associated to the claims file additional pertinent evidence; namely, VA medical records dated January 19, 2021 through July 21, 2021. 

Although the Board afforded the Veteran an opportunity to waive consideration of this evidence by the Agency of Original Jurisdiction (AOJ), he did not do so. Rather, the Veteran filed a timely request for the Board to send the appeal back to the AOJ for initial review of the additional evidence. See BVA Letter (September 2021) and Correspondence (October 2021).

As the Veteran has not waived AOJ's initial review of the VA medical records and the AOJ has yet to issue a Supplemental Statement of the Case (SSOC), the Board finds that the appeal must be remanded for the AOJ to issue a SSOC.  See 38 C.F.R. §§ 19.31(c).

The matters are REMANDED for the following action:

1. Obtain any updated VA treatment records for the Veteran dated from July 2021 to the present.

2. Then, readjudicate the claims on appeal, with application of all appropriate laws and regulations, and consideration of any additional information obtained because of this remand.  All evidence received since the January 2021 SSOC should be considered.

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If the decisions remain averse to the Veteran, he should be furnished an SSOC and afforded an appropriate period within which to respond thereto.

 

 

M. J. IN

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Pendleton, N.

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.