Citation Nr: 22016147 Decision Date: 03/21/22 Archive Date: 03/21/22 DOCKET NO. 17-53 351 DATE: March 21, 2022 REMANDED 1. Entitlement to service connection for an upper respiratory disorder is remanded. 2. Entitlement to service connection for a cervical spine disability, to include cervical spinal stenosis, and as secondary to a service-connected disability, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1972 to January 1974. The Veteran was previously represented in these matters by Harry J. Binder, Attorney, pursuant to an October 2020 VA Form 21-22, Appointment of Veterans Service Organization as Claimant's Representative. However, in January 2022 and February 2022, the Veteran submitted statements which clearly revoked such representation. As such, the Veteran is now recognized as proceeding pro se in his appeal. 38 C.F.R. § 14.631(f)(1). In July 2019, the Board remanded the claim for further development. However, additional development is necessary to decide the claim on appeal, which is explained below. 1. Entitlement to service connection for an upper respiratory disorder is remanded. 2. Entitlement to service connection for a cervical spine disability, to include cervical spinal stenosis, and as secondary to a service-connected disability is remanded. The Board finds an additional remand is warranted to fully assist the Veteran with development of the claims on appeal. In a February 2022 statement, the Veteran indicated, "Along with the general release for medical provider information form, I am also submitting in writing another letter stating I have terminated my business with The Representative for Vets, Mr. Harry J. Binder, effective January 2022." As the Board mentioned above, the Veteran is now recognized as proceeding pro se. The Veteran submitted a VA Form 21-4142a, referenced above, authorizing the general release of medical provider information from Henry Ford Health System, Michigan Head and Spine Institute, and the VA Medical Center in Detroit, Michigan. After a review of the record, the Board finds that the evidence does not show that since his most recent request for assistance, VA attempted to obtain the relevant private medical records and such records have not been associated with the claims file. On remand, updated VA records should be obtained, and an effort must be made to locate and associate any outstanding private medical records with the Veteran's claims file. Moreover, the Board finds that additional pertinent evidence has been added to the record since the most recent Supplemental Statement of the Case (SSOC), dated July 2020, that has not yet been reviewed by the Agency of Original Jurisdiction (AOJ). This evidence includes additional VA medical records (CAPRI). The appellate scheme set forth in 38 U.S.C. § 7104(a) contemplates that pertinent evidence will first be reviewed at the AOJ so as not to deprive the claimant of an opportunity to prevail with a claim at that level. See generally Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed. Cir. 2003). Thereafter, the evidence must be returned to the AOJ for consideration in the first instance and the issuance of an SSOC. The matters are REMANDED for the following action: 1. Obtain records identified in the February 2022 VA Form 21-4142a and associate them with the claims file, to include records from the following medical professionals: Henry Foard Health System; and Michigan Head and Spine Institute. Any negative response should be in writing and associated with the claims file. If the Veteran's VA Form 21-4142a is insufficient for authorization, please provide him an opportunity to resubmit the necessary authorization. The Veteran may submit these records himself. 2. Obtain all outstanding VA treatment records, particularly since March 2022, and associate them with the claims file. 3. After all available evidence has been associated with the record, review the evidence, and determine if further development is warranted. After undertaking any additional development which may be necessary, the AOJ should readjudicate the claim based on the entirety of the evidence, to include consideration of all evidence added to the record since the issuance of the July 2020 SSOC for the issues on appeal. If any benefit sought on appeal is denied, the AOJ must furnish an SSOC to the Veteran. An appropriate period of time should be allowed for response before the record is returned to the Board for further review A. P. SIMPSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Cheng, 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.