Citation Nr: 21012242
Decision Date: 03/03/21	Archive Date: 03/03/21

DOCKET NO. 17-19 836
DATE: March 3, 2021

REMANDED

Entitlement to service connection for a cervical spine disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1967 and August 1971.

These matters come to the Board of Veterans' Appeals (Board) on appeal from an October 2016 rating decision by the RO.  

The Veteran testified before the Board at an October 2020 videoconference hearing. A transcript of that hearing is of record.

Entitlement to service connection for a cervical spine disability is remanded.

The evidence shows that new evidence, to include VA treatment records, private treatment records, and a private opinion which states that the Veteran’s cervical spine disorder is due to his Vietnam service has been added to the claims file since the issuance of the March 2017 statement of the case.  

If additional evidence is received after the Agency of Original Jurisdiction (AOJ) furnishes the SOC, and that evidence is pertinent and not duplicative, the AOJ must furnish a Supplemental Statement of the Case (SSOC) as provided in 38 C.F.R. § 19.31. The AOJ has not issued a SSOC after receipt of this new evidence. See 38 C.F.R. §§ 19.31, 19.37. See Manlincon v. West, 12 Vet. App. 238, 240- (1999). The Supplemental Statement of the Case must be issued unless the Veteran's claim is resolved, such as by a complete grant of the benefit sought, or unless the Veteran withdraws his appeal.

The Board by this remand makes no determination, expressed or implied, concerning the credibility of any statements on file.

The matters are REMANDED for the following action:

After undertaking any necessary additional development, to include conducting new VA examinations as deemed necessary, review the record and any newly submitted evidence and readjudicate the claim on appeal. If any of the benefits sought are not granted in full, furnish the Veteran and his representative with a supplemental statement of the case and an opportunity to respond, and return the case to the Board.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. Slovick, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.