Citation Nr: 21020980 Decision Date: 04/09/21 Archive Date: 04/08/21 DOCKET NO. 12-07 105 DATE: April 9, 2021 REMANDED Entitlement to a compensable rating for hypertension prior to March 13, 2001. Entitlement to an increased rating in excess of 10 percent for hypertension after March 13, 2001. Entitlement to service connection for a dental disorder to include as due to environmental exposures in Southwest Asia and Undiagnosed Illness. Entitlement to service connection for a left leg disability to include as due to environmental exposures in Southwest Asia and Undiagnosed Illness. Entitlement to service connection for a right leg disability to include as due to environmental exposures in Southwest Asia and Undiagnosed Illness. Entitlement to service connection for a left knee disability. Entitlement to service connection for a right knee disability Entitlement to a total disability rating due to individual unemployability. REASONS FOR REMAND The Veteran served on active duty in the United States Army from July 1979 to July 1982 and from March 1989 to February 1993. The Board notes that the previous February 2017 Board remand expanded the Veteran’s claim for bilateral leg disability to include a bilateral knee disability. However, upon review, the June 2020 Supplemental Statement of the Case narrowed the claim back to a bilateral knee disability. The Board has again expanded the claim to appropriate reflect the Board February 2017 characterization. Entitlement to a compensable rating for hypertension prior to March 13, 2001; and increased rating in excess of 10 percent for hypertension after March 13, 2001; service connection for a dental disorder to include as due to environmental exposures in Southwest Asia and Undiagnosed Illness; service connection for a left leg disability to include as due to environmental exposures in Southwest Asia and Undiagnosed Illness; service connection for a right leg disability to include as due to environmental exposures in Southwest Asia and Undiagnosed Illness; service connection for a left knee disability; service connection for a right knee disability; and entitlement to a total disability rating due to individual unemployability are remanded. Under 38 C.F.R. § 20.1304 (c), any pertinent evidence that is submitted to the Board, including evidence obtained and added to the file by VA, as in this particular case, must be referred to VA for initial review unless this right is waived by the appellant or representative in writing or on the record during a hearing. The AOJ issued a Supplemental Statement of the Case (SSOC) on June 15, 2020, and subsequently added relevant VA treatment records on November 30, 2020; however, they did not readjudicate the issues with a supplemental statement of the case. Thus, waiver was need by the Veteran. In a January 2021 letter, the Board requested that the Veteran provide such a waiver of the AOJ’s initial review of this evidence. The letter added that if no response was received within 45 days from the date of the letter, the Board would assume that the Veteran did not wish to have the Board decide his appeal at this time; and the Board would remand his appeal to the AOJ for review. The Veteran did not respond with the 45-day time period. A remand is therefore required. 38 C.F.R. § 20.1304 (c). The matters are REMANDED for the following action: 1. The AOJ should request that the Veteran provide the names and addresses of any and all health care providers who have provided treatment related to his service connection claim for sleep apnea. After acquiring this information and obtaining any necessary authorization, the AOJ should obtain and associate these records with the claims file. The AOJ should also secure any outstanding VA medical records, to include records dated since July 2018. 2. The AOJ should then issue an SSOC addressing all evidence received since the November 2014 SOC. GAYLE E. STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Acosta, 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.