Citation Nr: 21041799
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 18-08 481
DATE: July 10, 2021

REMANDED

1. Entitlement to service connection for benign prostate hypertrophy (BPH) is remanded.

2. Entitlement to service connection for a right shoulder disability, to include as due to a service-connected disability is remanded.

3. Entitlement to service connection for a cervical spine muscle disability is remanded.

4. Entitlement to service connection for a chronic pain syndrome disability is remanded.

REASONS FOR REMAND

The Veteran had active service from June 1969 to June 1994.

These matters were most recently remanded by the Board in April 2021for additional development, including obtaining relevant VA examinations and/or opinions and to attempt to obtain relevant treatment records.

Following the requested development, the agency of original jurisdiction (AOJ) returned the appeal to the Board without first issuing a Supplemental Statement of the Case (SSOC), as required by regulation.  Specifically, under 38 C.F.R. § 19.31(c) (applying to legacy appeals), the AOJ will issue the appellant and the representative an SSOC if, pursuant to a remand by the Board, it develops the evidence or cures a procedural defect.  There are two exceptions to this rule, which do not apply to this case.  The first exception applies when the only purpose of the remand is to assemble records previously considered by the AOJ and properly discussed in a prior SOC or SSOC, and the second exception applies when the Board specifies in the remand that an SSOC is not required.  Notably, the purpose of the remand was to conduct additional development and obtain outstanding records; therefore, the first exception does not apply.  Additionally, the Board did not include an instruction in the April 2021 remand directives that an SSOC was not required.  As such, this matter must be remanded to the AOJ for issuance of a Supplemental Statement of the Case, as required by 38 C.F.R. § 19.31(c).

The matters are REMANDED for the following action:

Review the record and complete any other additional development necessary, and then issue an SSOC addressing the Veteran's claims listed above based on the entirety of the evidence, to include the development completed pursuant to the April 2021 Board remand.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Chad Johnson, 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.