Citation Nr: 21010457
Decision Date: 02/24/21	Archive Date: 02/24/21

DOCKET NO. 15-33 334A
DATE: February 24, 2021

REMANDED

Whether new and material evidence was submitted to reopen the claim of entitlement to service connection for bilateral foot disabilities is remanded.

Entitlement to service connection for a back disability is remanded.

REASONS FOR REMAND

The Veteran had active service from August 1966 to August 1968, and March 1991 to September 1991.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office. 

1. Whether new and material evidence was submitted to reopen the claim of entitlement to service connection for bilateral foot disabilities is remanded.

 

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

The Board previously remanded the matters in July 2019 so that the Agency of Original Jurisdiction (AOJ) could consider evidence that had been associated with the file since the July 2015 Statement of the Case. The Veteran had been sent a letter in December 2018 inquiring whether he wished to waive his right to have that evidence reviewed by the AOJ. He was given 45 days to respond, and if no response was received, was informed that the case would be remanded to the AOJ for review. See December 2018 Correspondence. No response was received, and the Board remanded the claims so that the AOJ could readjudicate the issues considering the new evidence. See July 2019 Board Decision.

Another remand is required because the AOJ has not readjudicated these claims. The AOJ issued a Supplemental Statement of the Case (SSOC) in November 2020 that considered the issues of service connection for a left ankle injury, a left leg condition, and head trauma with migraines, which were then recertified to the Board and are currently pending a decision in a separate appeal. However, the AOJ has not yet issued a decision on the instant matters. 

Additionally, more treatment records and VA examinations were associated with the file since the July 2019 remand. Much of this evidence was received before the appeal was recertified to the Board in November 2020. Review of the record shows that VA opinions were obtained relating to the Veteran’s foot disabilities in January 2021. The Veteran has not waived AOJ consideration of this new evidence.

 

The matters are REMANDED for the following action:

After considering all the evidence of record, readjudicate the instant claims. If any claim remains denied, issue a Supplemental Statement of the Case to the Veteran and his representative, and provide an opportunity to respond before the appeal is returned to the Board. 

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	S. Morse

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.