Citation Nr: 22008021 Decision Date: 02/11/22 Archive Date: 02/11/22 DOCKET NO. 16-55 782 DATE: February 11, 2022 REMANDED The following issues are remanded for further development: (1) entitlement to service connection for an acquired psychiatric condition, to include posttraumatic stress disorder (PTSD); (2) entitlement to service connection for residuals of a traumatic brain injury (TBI); (3) entitlement to service connection for a kidney condition; (4) entitlement to service connection for amyotrophic lateral sclerosis (ALS); (5) entitlement to a compensable rating for sinus tachycardia; (6) entitlement to a compensable rating for lipoma, left arm; (7) entitlement to a compensable rating for migraines; (8) entitlement to separate ratings for service-connected fracture of the right tibia and fibula with chronic ankle strain; and (9) entitlement to additional compensation for dependent spouse Da. and dependent children De., A., M., P. and R. REASONS FOR REMAND The Veteran served on active duty from October 1988 to July 1992 and from September 2010 to September 2013, including service in Afghanistan. These matters are before the Board of Veterans' Appeals (Board) on appeal from January 2014 and September 2014 decisions of a Department of Veterans Affairs (VA) Regional Office (RO). Jurisdiction of the Veteran's claims file currently resides with the Manchester, New Hampshire RO. In his September 2016 substantive appeal, the Veteran requested a Board hearing. One was scheduled for him in September 2019, but he did not appear. As the record does not contain (1) an explanation as to why he did not appear for the hearing, or (2) a request to reschedule the hearing, the Board deems the Veteran's hearing request to be withdrawn. See 38 C.F.R. § 20.704(d). In a September 2016 statement of the case (SOC), the Agency of Original Jurisdiction (AOJ) adjudicated the issues of: entitlement to service connection for PTSD, protein and/or blood in urine (claimed as kidney problems), ALS, and residuals of a TBI; entitlement to increased ratings for a left arm lipoma, sinus tachycardia, and migraines; entitlement to separate ratings for service-connected fracture of the right tibia and fibula with chronic ankle strain; and whether the Veteran's dependents were correctly added to his award. The Veteran filed a timely substantive appeal in November 2016. Thereafter, the AOJ issued a supplemental SOC (SSOC) in March 2017 which continued the denial of entitlement to service connection for PTSD. The Veteran's case was then transferred to the Board in October 2017. After this transfer, in September 2018, VA issued a decision letter informing the Veteran that his spouse Da. was added to his award as a dependent effective June 8, 2018. Additionally, VA informed the Veteran that his child R. was added to his award as a dependent effective September 28, 2013. In evaluating the Veteran's appeal, the Board must address evidence received since the September 2016 SOC, the March 2017 SSOC, and September 2018 decision, but not yet considered by the AOJ via an additional rating decision or SSOC. Any pertinent evidence submitted by the Veteran after records have been transferred to the Board must be referred to the AOJ for consideration in the first instance, unless this procedural right is waived. See 38 C.F.R. § 20.1305. In this case, new evidence was associated with the Veteran's claims file after the transferring of the Veteran's appeal to the Board. Specifically, new VA treatment records were associated with the claims file in October 2019. These new VA treatment records were not considered at the time of the September 2016 SOC, the March 2017 SSOC, and September 2018 decision. The Board sent the Veteran a waiver solicitation letter in September 2021 to ascertain whether it could review this newly-received evidence. The letter stated that the Veteran had 45 days to respond and, if no response was received, the Board was to assume that the Veteran did not want the Board to decide his appeal at the present time. The Veteran has yet to reply. Accordingly, the Board remands the Veteran's appeal for consideration of the above-identified new evidence by the AOJ in the first instance. The matters are REMANDED for the following action: After completing any additional development deemed necessary, readjudicate the Veteran's claims, in light of VA treatment records received in October 2019 as well as any other new evidence submitted since the issuance of the September 2016 SOC, the March 2017 SSOC, and September 2018 decision. If the benefits sought remain denied, provide an additional SSOC to the Veteran and afford him an opportunity to respond. Then, return the appeal to the Board, if in order. S.C. KREMBS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N.S. Pettine, 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.