Citation Nr: 22017452 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 10-06 581 DATE: March 25, 2022 REMANDED Entitlement to service connection for respiratory disorder to include chronic obstructive pulmonary disease (COPD), asthma, and bronchiectasis is remanded. Entitlement to service connection for a heart condition to include ischemic heart disease (IHD), sinus tachycardia, and heart blockage is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from January 1969 to March 1971, with service in the Republic of Vietnam. For his meritorious service, the Veteran was awarded (among other decorations) the Distinguished Flying Cross Medal, the Bronze Star Medal, and the Air Medal with "V" device. He also had service in the Army National Guard of Indiana. These matters come before the Board of Veterans' Appeals (Board) from an April 2010 rating decision from a Department of Veterans Affairs (VA) Regional Office. In October 2020, the Court of Appeals for Veterans Claims (CAVC) granted a Joint Motion for Partial Remand (JMPR) that vacated, in part, a January 2020 Board decision on the denied claims of service connection for COPD and service connection for a heart condition to include IHD, sinus tachycardia, and a heart block. See CAVC Decision received October 21, 2020. In March 2021, the Board remanded the appeal. In a January 2022 letter, the Board informed the Veteran that relevant evidence was added to the file in November 2021 after the September 2019 Supplemental Statement of the Case (SSOC) and after the case was transferred to the Board. The Veteran was asked if he wished to waive his right to have the Agency of Original Jurisdiction (AOJ) review the evidence in the first instance. He was informed that he had 45 days from the date of the letter to respond, and that if he did not submit his waiver by then, the Board would assume that he wished to have his appeal remanded so the AOJ could review the evidence in the first instance. The Veteran did not respond to the letter. Therefore, the appeal is remanded for the AOJ to review the new evidence and issue a Supplemental Statement of the Case. 1. Entitlement to service connection for respiratory disorder to include COPD, asthma, and bronchiectasis is remanded. Remand is necessary to ensure that due process is followed. In pertinent part, under 38 C.F.R. § 19.37, if a Statement of the Case (SOC) is prepared prior to receipt of additional evidence, an SSOC must be furnished, as provided in 38 C.F.R. § 19.31, unless the additional evidence is duplicative or not relevant to the issue on appeal. Here, additional evidence, specifically a VA examination report, was added to the claims file after the SSOC was issued in September 2021 and prior to the transfer of the claims file to the Board. This record provides an additional opinion regarding the Veteran's claim for service connection for a respiratory disorder. Because this evidence was received after the September 2021 SSOC, it must be submitted to the Agency of Original Jurisdiction for consideration and an issuance of an additional SSOC. 2. Entitlement to service connection for a heart condition to include IHD, sinus tachycardia, and heart blockage is remanded. As noted in the previous remand, the parties to the JMPR agreed that the Veteran's claim for a heart condition is inextricably intertwined with his claim for service connection for a respiratory disorder. See CAVC Decision received October 21, 2020, at pages 6-7. Because the Veteran's claim for service connection for a heart condition (to include IHD, sinus tachycardia, and heart blockage) is dependent on his pending service connection claim for respiratory disorder, the claims are inextricably intertwined since a decision on the respiratory disorder claim would affect his claim for service connection for a heart condition. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (noting that two issues are "inextricably intertwined" when they are so closely tied together that a final Board decision on one issue cannot be rendered until the other issue has been considered). Accordingly, the issue is remanded. The matters are REMANDED for the following action: Review the claims file, with specific consideration given to all new evidence associated with the claims file subsequent to the September 2021 Supplemental Statement of the Case (SSOC), undertake any additional development deemed necessary, and readjudicate the Veteran's claims. If any of the benefits sought remain denied, issue a SSOC, and return the case to the Board. Rebecca N. Poulson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Grace Johnk, Associate 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.