Citation Nr: 22016489
Decision Date: 03/22/22	Archive Date: 03/22/22

DOCKET NO. 18-52 898
DATE: March 22, 2022

REMANDED

Entitlement to an increased disability rating in excess of 20 percent for lumbosacral strain is remanded.

Entitlement to service connection for diabetes mellitus type II is remanded.

REASONS FOR REMAND

Having reviewed the record, the Board finds that remand is warranted.  A statement of the case (SOC) was issued in October 2018.  Since then, updated VA examinations and treatment records were added to the file, to include August 2019, September 2021, December 2021, and February 2022 VA examinations.  This evidence was submitted prior to the transfer of the appeal to the Board.  In January 2022, the Veteran was informed that he could waive review by the Agency of Original Jurisdiction (AOJ).  However, in January 2022, the Veteran declined and requested that his case be remanded.  As this evidence has not yet been reviewed by the Agency of Original Jurisdiction (AOJ) and there is no waiver of AOJ consideration, remand is required.  On remand, the AOJ should review this new evidence in the first instance.  See 38 C.F.R. §§ 19.31, 19.37(a).

The matters are REMANDED for the following action:

Review all relevant evidence that has been associated with the claims file since the issuance of the October 2018 SOC, including August 2019, September 2021, December 2021, and February 2022 VA examinations and updated VA treatment records.  Thereafter, readjudicate the Veteran's claims.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Vang, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.