Citation Nr: 21040177 Decision Date: 07/02/21 Archive Date: 07/02/21 DOCKET NO. 14-22 374 DATE: July 2, 2021 ISSUE Entitlement to service connection for the cause of the Veteran's death. REMANDED Entitlement to service connection for the cause of the Veteran's death. REASONS FOR REMAND The Veteran served on active duty from September 1973 to September 1976. This matter is on appeal from a December 2013 rating decision of the Department of Veterans Affairs (VA), Regional Office (RO), in Philadelphia, PA. The appellant is his surviving spouse. By way of background, this matter was previously before the Board in February 2016, September 2017, August 2018 and February 2019. In the February 2016 decision, the Board of Veterans' Appeals (Board), inter alia, denied service connection for the cause of the Veteran's death. The appellant appealed the February 2016 Board decision to the United States Court of Appeals for Veterans Claims (Court). In March 2017, the Court granted a February 2017 Joint Motion for Remand (JMR) filed by the parties and remanded the claim for service connection for the cause of the Veteran's death to the Board for action consistent with the JMR. See March 1, 2017 CAVC Order. The Board subsequently remanded the claim to the Agency of Original Jurisdiction (AOJ) for additional development in September 2017 and August 2018 decisions. In the February 2019 decision the Board denied service connection for the cause of the Veteran's death. The Appellant filed an appeal to the Court of Appeals for Veterans Claims (CAVC) contesting the Board's February 2019 decision. In a June 2020 memorandum decision, the Court of Appeals for Veterans Claims (CAVC) vacated and remanded the Board's February 2019 decision for further proceedings. See June 8, 2020 Memorandum decision. Entitlement to service connection for the cause of the Veteran's death is remanded. The issue on appeal is remanded to afford the Appellant procedural due process. Following the June 8, 2020 Memorandum Decision referenced above, additional evidence submitted by the appellant was added to the claims file. As for the additional evidence received, the Board notes that the Veteran's substantive appeal was received in May 2014. Regarding evidence submitted by an appellant or her representative to the AOJ or Board in cases in which a substantive appeal was filed on or after February 2, 2013, revised 38 U.S.C. § 7105(e)(1) provides for implicit waiver of initial review of such evidence by the AOJ, unless AOJ review is specifically requested. In March 2021, the Board sent a letter to the Appellant inquiring as to whether she was willing to waive agency of original jurisdiction (AOJ) consideration of the evidence in the first instance allowing the Board to proceed in adjudicating the issues on appeal, or whether she wished to have the issues remanded back to the AOJ. See March 15, 2021 Correspondence. In March 2021 correspondence, the Appellant specifically requested that the Veteran's case be sent back to the AOJ for review of the additional evidence that was submitted. Therefore, remand is required for AOJ review and issuance of a supplemental statement of the case (SSOC) that takes into consideration all evidence of record added to the claims file since the last adjudication. See March 30 and March 31, 2021 Correspondence. Accordingly, this matter is REMANDED for the following action: Issue an SSOC that expressly considers all evidence obtained since the December 2018 SSOC, and any other relevant evidence received thereafter. See March 30 and March 31st, 2021 Correspondence. The Appellant should be afforded the requisite opportunity to respond before the case is returned to the Board. Michael A. Pappas Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Little, 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.