Citation Nr: 21041619
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 16-24 544A
DATE: July 9, 2021

REMANDED

The issue of entitlement to service connection for a right shoulder disability is remanded.  

The issue of entitlement to service connection for hepatitis C is remanded.

The issue of entitlement to service connection for a hernia is remanded.

The issue of entitlement to service connection for hypertension is remanded.

The issue of entitlement to service connection for erectile dysfunction is remanded.

The issue of entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Army from August 1973 to August 1977.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran provided testimony in a hearing with the undersigned Veterans Law Judge on February 8, 2021.  A transcript of that hearing is of record.

The most recent adjudication of these issues occurred in a May 14, 2016 Statement of the Case (SOC).  Subsequently, September 2016 VA examinations regarding the Veteran's mental disorders, hypertension, right shoulder condition, erectile dysfunction, and Hepatitis C, were conducted and associated with the claims file.  Pertinent VA treatment records regarding the Veteran's hernia were associated with the claims file in June 2020 and January 2021.  The Board sent the Veteran a waiver solicitation letter in March 2021 to ascertain whether it could review this newly submitted evidence.  In a May 2021 response, the Veteran requested that the Board remand his case back to the agency of original jurisdiction (AOJ) for review of this additional evidence.

As such, the Veteran's claims for entitlement to service connection for a right shoulder condition, Hepatitis C, a hernia, hypertension, erectile dysfunction, and an acquired psychiatric condition, to include PTSD, must be remanded to the AOJ for consideration of this additional evidence and the issuance of an SSOC.  See 38 C.F.R. § 19.37.

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The matters are REMANDED for the following action:

Readjudicate the Veteran's claims of entitlement to service connection for a right shoulder condition, Hepatitis C, a hernia, hypertension, erectile dysfunction, and an acquired psychiatric condition, to include PTSD, with consideration of all additional evidence associated with the claims file after the May 14, 2016 SOC, to include the September 2016 VA examination and all VA treatment records.  

 

 

S.C. Krembs

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Samuelson, 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.