Citation Nr: 22010318
Decision Date: 02/23/22	Archive Date: 02/23/22

DOCKET NO. 17-21 620
DATE: February 23, 2022

REMANDED

Entitlement to a compensable rating for sinusitis prior to March 23, 2021, is remanded.

Entitlement to a rating in excess of 30 percent for sinusitis from March 23, 2021, is remanded.

Entitlement to service connection for bronchitis is remanded.

Entitlement to service connection for obstructive sleep apnea is remanded.

Entitlement to service connection for inguinal hernia (also claimed as ventral hernia) as secondary to the service-connected disability of external hemorrhoids with pruritus ani is remanded.

Entitlement to service connection for peripheral neuropathy of the feet is remanded.

REASONS FOR REMAND

The Veteran had active service from December 1985 to December 2005.

This case was most previously before the Board in April 2020.

Remand is required for RO consideration and issuance of a supplemental statement of the case (SSOC).  Since the October 2020 SSOC, additional VA medical records have been associated with the claims file without an SSOC or a waiver of Agency of Original Jurisdiction (AOJ) review.  In a letter dated in October 2021, the Veteran and his representative were notified that additional evidence had been received by the Board that had not previously been considered by the AOJ.  The letter provided him with 45 days to indicate whether he wished to have the AOJ initially review the evidence or if he waived his right to have such initial AOJ review.  In a November 2021 response, the Veteran indicated that he wanted to have his case remanded to the AOJ so that it could first review this evidence for his claim.  Thus, a remand is required for AOJ initial review of relevant new evidence and issuance of an SSOC for the Veteran's claims from the October 2020 SSOC.

The matters are REMANDED for the following action:

1.  Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment on and after December 6, 2021.

2.  Contact the Veteran and afford him the opportunity to identify by name, address and dates of treatment or examination any relevant non-VA medical records.  Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file.

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3.  After any additional records are associated with the claims file, the issues on appeal must be readjudicated and a SSOC issued with consideration of the additional evidence received since the most recent supplemental statement of the case. 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	David Nelson

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.