Citation Nr: 21041189 Decision Date: 07/08/21 Archive Date: 07/08/21 DOCKET NO. 14-24 469A DATE: July 8, 2021 REMANDED Entitlement to service connection for degenerative disc disease of the lumbar spine (previously considered as lower back condition) is remanded. Entitlement to service connection for depression is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from March 1977 to March 1997. This appeal comes before the Board of Veterans' Appeals (Board) from an April 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) in Wichita, Kansas. In May 2019, the Veteran testified at a video conference hearing before a Veterans Law Judge. A transcript of the hearing is available in the record. In May 2021, VA notified the Veteran that the Veterans Law Judge who conducted the hearing had retired from the Board. The Veteran was offered the opportunity to have a new hearing before a Veterans Law Judge. In June 2021, the Veteran responded indicating he did not wish a new hearing. These matters have previously come before the Board. In September 2019, the Board remanded this issue for thorough medical examinations and medical opinions to address the Veteran's theories of secondary service connection as well as direct service connection for the Veteran's claims. In December 2019, the Veteran was afforded new VA examinations in accordance with the Board's instructions. Thus, the Board finds that its remand instructions were substantially complied with. Stegall v. West, 11 Vet. App. 268, 271 (1998). Following the procedural development above, the Veteran's appeal was re-certified to the Board. Subsequently, additional pertinent evidence was added to the electronic claims file. This evidence included additional private and VA medical records. The Board finds that this new evidence is pertinent to the Veteran's claims. In January 2021, the Board sent a letter to the Veteran notifying him that additional evidence had been added to the claim file pertinent to his appeal, and asked him if he wanted to waive review by the agency of original jurisdiction (AOJ) review of that evidence in the first instance, or have the Board remand the claims for the AOJ to review the new evidence in the first instance. In March 2021 correspondence, the Veteran requested that the case be remanded to the agency of original jurisdiction (AOJ) for consideration of the additional evidence in the first instance. As such, a remand for AOJ consideration of this evidence is necessary per the Veteran's direction. The matters are REMANDED for the following action: 1. Contact the Veteran to give him an opportunity to identify any outstanding prior or VA treatment records relevant to the claims on appeal. After obtaining any necessary authorization from the Veteran, all outstanding records, to include updated VA treatment records should be obtained. 2. After completing the development in step (1) above, readjudicate the above issues on appeal based on the entirety of the evidence in the claims file, to include any evidence received after issuance of the July 2020 SSOC. If any issue remains denied, the Veteran and his representative are to be issued another SSOC and given an appropriate amount of time to respond. Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Hermsdorfer, 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.