Citation Nr: 21075630
Decision Date: 12/21/21	Archive Date: 12/21/21

DOCKET NO. 16-56 309
DATE: December 21, 2021

REMANDED

Entitlement to service connection for degenerative arthritis of the lumbar spine, also claimed as spinal stenosis is remanded.

Entitlement to service connection for a sinus disability is remanded.

REASONS FOR REMAND

The Veteran had honorable active-duty service with the United States Navy from September 1982 to April 1984.

These matters are before the Board of Veteran's Appeals (Board) from the November 2014 and March 2015 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO).

In a December 2018 decision, the Board denied the claims on appeal.  The Veteran appealed that determination to the Court of Appeals for Veterans Claims (Court), and in a February 2020 Order, the Court vacated and remanded the Board's decision pursuant to a Joint Motion for Partial Remand (JMR).  

In August 2020, the Board remanded the matters for further development.

 

1. Entitlement to service connection for degenerative arthritis of the lumbar spine, also claimed as spinal stenosis is remanded.

2. Entitlement to service connection for a sinus disability is remanded.

In a July 2021 letter, the Board notified the Veteran that additional pertinent evidence in the form of VA medical records had been received related to the matters on appeal.  The Board invited the Veteran to submit a waiver of initial agency of original jurisdiction (AOJ) consideration of this evidence, and in August 2021, the Veteran submitted the requested waiver.  

Since the Veteran's August 2021 waiver of initial AOJ consideration, additional pertinent evidence in the form of VA records were again associated with the claims file.  Recognizing such, the Board requested a new waiver of initial AOJ consideration of these records in an October 20, 2021, letter sent to the Veteran and his attorney.  The Veteran was notified in this letter that he had 45 days to respond, otherwise the Board would remand his claims.  The Veteran has not responded to VA's waiver request and the 45-day period has elapsed.  Accordingly, the issues are remanded to the AOJ for the readjudication and issuance of a supplemental statement of the case (SSOC), if warranted. 38 C.F.R. § 19.31.

The matters are REMANDED for the following action:

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1. Given that the Veteran has not responded to VA's waiver request and the 45-day period has elapsed, the issues are remanded to the AOJ for readjudication and the issuance of a supplemental statement of the case (SSOC), if warranted.  38 C.F.R. § 19.31.

 

K.A. KENNERLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Joseph R. Keselyak, 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.