Citation Nr: 21014852
Decision Date: 03/15/21	Archive Date: 03/15/21

DOCKET NO. 19-30 409
DATE: March 15, 2021

REMANDED

Entitlement to service connection for cervical spine C3 laminectomy, C3 laminectomy surgery residuals, and C4-C7 posterior laminoplasty is remanded.

Entitlement to service connection for thoracic spine T1 laminectomy is remanded.

REASON FOR REMAND

The Veteran served on active duty service from October 1992 to April 1993 and from February 1994 to January 1998. 

These matters come before the Board of Veterans’ Appeals (Board) on appeal of a September 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

1. Entitlement to service connection for cervical spine C3 Laminectomy, C3 laminectomy surgery residuals, and C4-C7 posterior laminoplasty is remanded.

2. Entitlement to service connection for thoracic spine T1 laminectomy is remanded.

The Agency of Original Jurisdiction (AOJ) issued a Statement of the Case (SOC) for these matters in August 2019. The Veteran submitted evidence for consideration with his October 2019 substantive appeal. In a written correspondence dated July 30, 2020, received on August 2, 2020, the Veteran requested that the AOJ initially review such evidence. Therefore, the issues must be remanded to allow for AOJ consideration of the evidence obtained since the August 2019 SOC. See Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012, Public Law No. 112-154, 126 Stat. 1165 (amending 38 U.S.C. § 7105 to provide that if new evidence is submitted with or after a substantive appeal received on or after February 2, 2013, then it is subject to initial review by the Board unless the Veteran explicitly requests AOJ consideration). 

The matters are REMANDED for the following action:

Readjudicate the issues on appeal with consideration of all additional evidence received since the August 2019 Statement of the Case. If any benefit sought remains denied, furnish the Veteran and his representative with a SSOC. 

 

Jennifer White

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.