Citation Nr: 21042663
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 14-35 877
DATE: July 13, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disability.

REASONS FOR REMAND

The Veteran served on active duty from August 1978 to April 1980.

This appeal is before the Board of Veterans' Appeals (Board) from a June 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Newington, Connecticut.

In November 2017, the Veteran testified during a Board hearing in Boston, Massachusetts before the undersigned Veterans Law Judge.  A transcript is included in the claims file.

In April 2018, the Board remanded the Veteran's appeal with instruction to obtain current treatment records and to provide the Veteran with a VA examination.  The appropriate records were associated with the claims file, and the Veteran underwent a VA examination in December 2019.

The Board finds that an additional remand is required so that new evidence may be reviewed in the first instance by the agency of original jurisdiction (AOJ).

After the development ordered in the Board's April 2018 remand was completed, an April 2020 supplemental statement of the case was issued, and the Veteran's appeal was recertified to the Board.  Subsequently, additional evidence was added to his claims file, specifically VA treatment records received in January 2021 indicating that the Veteran had been recently admitted for inpatient psychiatric care in August 2020.  

In May 2021 the Veteran and his representative were sent a letter to determine whether AOJ review of this new evidence was waived.  The letter indicated that if no response was received within 45 days, it would be presumed that he did not waive AOJ review.  Neither the Veteran nor his representative responded.  As such, remand is required so that the new evidence may be reviewed in another supplemental statement of the case.  38 C.F.R. § 20.1305(c).

The matters are REMANDED for the following action:

1.  Obtain and associate with the claims file any additional medical evidence that may have come into existence but has not been associated with the record.

2.  After completing the above, and any other development deemed necessary readjudicate the appeal on the record, to include treatment records received in January 2021.  If any benefit sought remains denied, provide an additional supplemental statement of the case to the Veteran and his representative, and return the appeal to the Board.

[SIGNATURE ON NEXT PAGE]

 

 

JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Gallagher, 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.