Citation Nr: 21031147 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 16-28 000 DATE: May 20, 2021 REMANDED Entitlement to service connection for rheumatoid arthritis of the sacroiliac joints is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1962 to February 1966 and from March 1971 to June 1972. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board last remanded the issue on appeal in August 2019 for additional development. Specifically, the Board requested the RO to afford the Veteran with a VA examination and obtain any relevant VA or private treatment records. A review of the record shows substantial compliance with the Board's remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The case has been returned to the Board for review. On the Veteran's June 2016 substantive appeal, he requested a videoconference hearing. However, in June 2019, the Veteran requested to withdraw his hearing request. Therefore, the Veteran's hearing request is withdrawn, and the Board will proceed with adjudication of the issue. See 38 C.F.R. § 20.704(e). Entitlement to service connection for rheumatoid arthritis of the sacroiliac joints is remanded. The issue on appeal of entitlement to service connection for rheumatoid arthritis of the sacroiliac joint was last adjudicated in a February 2016 Statement of the Case (SOC). As noted, the Board remanded the issue in August 2019. In a January 2021 statement, the Veteran's representative noted the RO failed to adjudicate a bilateral hip condition claim which was previously remanded by the Board. See January 2021 VA Form 20-0996. Since the prior adjudication, VA has obtained additional records relevant to the claim, to include an April 2021 VA examination and medical opinion. The Board notes that a May 2021 rating decision again denied the Veteran's claim for service connection for rheumatoid arthritis of the sacroiliac joint. While the Veteran's attorney submitted a VA Form 10182, Decision Review Request: Board Appeal in May 2021 disagreeing with the May 2021 rating decision, the Board notes that the May 2021 rating decision was issued pursuant to the Board's remand of the legacy appeal of this issue; therefore, it is not an initial rating decision under the Appeals Modernization Act (AMA). To date, the Veteran has not been issued a Supplemental Statement of the Case (SSOC) pursuant to 38 C.F.R. § 19.31(c) reflecting consideration of the additional evidence developed by the RO. Moreover, because the AOJ has not yet issued an SSOC on the issue of service connection for rheumatoid arthritis of the sacroiliac joint, the VA Form 10182 is not yet a valid opt-in of this legacy appeal into the AMA. Accordingly, remand is required for the issuance of a SSOC. See 38 C.F.R. § 19.31(c); 19.37. The matters are REMANDED for the following action: Issue an SSOC on the issue of service connection for rheumatoid arthritis of the sacroiliac joint, considering all of the additional evidence added to the record since the February 2016 SOC. The Veteran and his representative should be provided an SSOC and afforded an opportunity to respond before the record is returned to the Board for further review. The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369, 372 (1999). Tiffany Dawson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. P. Moore, 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.