Citation Nr: 21031273
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 16-00 935
DATE: May 21, 2021

REMANDED

Entitlement to service connection for chronic fatigue, respiratory condition, sleeping disorder, and headaches, as due to an undiagnosed illness, is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1984 to May 1991.  

These matters are before the Board of Veterans' Appeals (Board) on appeal from a March 2014 rating decision by a Department of Veterans Affairs Regional Office (RO).

In December 2018, the Veteran testified at a Board videoconference hearing before the undersigned.  A copy of the transcript of that hearing has been associated with the claims file.

These matters were previously remanded in May 2019 and July 2020.

Following the July 2020 remand, the RO granted service connection for gastroesophageal reflux disease (GERD) in a November 2020 rating decision.  The issue of entitlement to service connection for a stomach condition as due to an undiagnosed illness has therefore been granted, and is no longer in appellate status.

REMAND

The Board observes that additional evidence has been added to the claims file following the last adjudication by the Agency of Original Jurisdiction (AOJ) in the November 2020 supplemental statement of the case (SSOC), including updated VA medical records.  In a March 2021 letter, the Board notified the Veteran and his representative of the additional evidence and advised them that they could submit a waiver of AOJ consideration of that evidence in the first instance.  The Board additionally notified the Veteran and his representative that if they did not respond within 45 days of the letter, that it would be assumed they did not wish the Board to decide the appeal at this time and the matters would be remanded to the AOJ for review.  

A review of the claims file shows that neither the Veteran nor his representative have responded to the March 2021 letter.  Accordingly, given that the Veteran has not waived his right to have new evidence reviewed in the first instance, a remand is necessary.  38 C.F.R. § 19.37(b).

The matters are REMANDED for the following action:

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The AOJ must readjudicate the issues on appeal based on the current evidence of record.  If the benefits sought remain denied, a supplemental statement of the case must be provided to the Veteran and his representative.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Lamb, 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.