Citation Nr: 21015412 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 18-52 526 DATE: March 17, 2021 REMANDED Whether new and material evidence to reopen a previously denied claim for service connection for a neck disability is remanded. Service connection for tinea versicolor remanded. Service connection for posttraumatic stress disorder (PTSD) is remanded. Service connection for bilateral hearing loss is remanded. Service connection for breathing problems is remanded. Service connection for chronic fatigue is remanded. Service connection for pain is remanded. Service connection for erectile dysfunction is remanded. Service connection for sinusitis is remanded. Service connection for sleep apnea is remanded. Service connection for syncope is remanded. A disability rating in excess of 50 percent for other specified trauma and stressor related disorders is remanded. REASONS FOR REMAND The Veteran served honorably in the United States Navy from September 1984 to September 2004. These matters come to the Board of Veterans’ Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO) made in September 2016 and October 2017. This appeal is being adjudicated under the legacy appellate framework. In the November 2018 substantive appeal to the Board, the Veteran indicated that he did not desire a personal hearing before the Board. The Board notes that in May 2020 the Board received correspondence from the Veteran’s representative indicating that he had not been receiving notification of the status of the Veteran’s case from VA. Upon reviewing the record, the Board noted that correspondence had been sent to the Veteran’s representative at the wrong address. Steps were taken to contact the Veteran’s representative at the correct address. The Veteran’s representative has not alleged a lack of receipt of any additional correspondence or documentation or otherwise alleged that additional correspondence or documentation is needed by VA. Therefore, the Board consider this problem resolved and shall not address this matter any further. The Board notes that in November 2020 the Veteran’s representative attempted to withdraw representation. In January 2021, the Board contacted the Veteran’s representative to indicate that requests to withdraw representation are governed by the requirements laid out under 38 C.F.R. § 20.608, and that the November 2020 withdrawal attempt did not meet these requirements. The Board has not received any further correspondence from the Veteran’s representative or the Veteran regarding the issue of representation. Therefore, the representation of record remains unchanged. 1. Whether new and material evidence to reopen a previously denied claim for service connection for a neck disability is remanded. 2. Service connection for tinea versicolor remanded. 3. Service connection for PTSD is remanded. 4. Service connection for bilateral hearing loss is remanded. 5. Service connection for breathing problems is remanded. 6. Service connection for chronic fatigue is remanded. 7. Service connection for pain is remanded. 8. Service connection for erectile dysfunction is remanded. 9. Service connection for sinusitis is remanded. 10. Service connection for sleep apnea is remanded. 11. Service connection for syncope is remanded. 12. A disability rating in excess of 50 percent for other specified trauma and stressor related disorders is remanded. Additional evidence has been submitted into the records that had not been considered by the agency of original jurisdiction (AOJ) including: additional service treatment records received after November 4, 2018; all medical treatment records received after November 4, 2018; and VA examinations received on or after March 28, 2019. In July 2020, VA informed the Veteran of his right to have the AOJ consider the additional evidence in the first instance instead of the Board. In August 2020, the Veteran requested that the Board remand these matters back to the AOJ/RO in order to review the additional evidence in the first instance. Therefore, this matter must be remanded in order to comply with the Veteran’s request. The matters are REMANDED for the following action: 1. Review any and all evidence in the claims file (in particular any and all evidence that has not been previously considered by the AOJ/RO in the first instance) to include: (a.) additional service treatment records received after November 4, 2018; (b.) all medical treatment records received after November 4, 2018; (c.) and VA examinations received on or after March 28, 2019. 2. Thereafter issue either a rating decision or a supplemental statement of the case (SSOC) as necessary responsive to the issues on appeal. R.R. Watkins Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Seaton 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.