Citation Nr: 22018355
Decision Date: 03/29/22	Archive Date: 03/29/22

DOCKET NO. 15-14 437
DATE: March 29, 2022

REMANDED

Entitlement to service connection for a left shoulder disability is remanded.

Entitlement to service connection for a right knee disability is remanded.

Entitlement to service connection for a left knee disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1995 to October 1998, February 1999 to March 1999, September 2004 to March 2005, and from February 2007 to September 2008.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office.

In a November 2020 rating decision, the RO granted service connection for carpal tunnel syndrome of the right and left wrists.  This is considered a full grant of the benefits on appeal for the Veteran's claims for service connection for right and left wrist disabilities.  Therefore, those claims are no longer before the Board for appellate consideration.  

In his April 2015 VA Form 9, the Veteran requested a Travel Board hearing.  However, the Veteran did not attend the hearing scheduled for November 2017.  Neither the Veteran, nor his representative, provided any explanation for the failure to appear or requested to postpone the hearing.  Therefore, the Veteran's hearing request is deemed to be withdrawn.  38 C.F.R. § 20.704(d).

1. Entitlement to service connection for a left shoulder disability is remanded.

2. Entitlement to service connection for a right knee disability is remanded.

3. Entitlement to service connection for a left knee disability is remanded.

The Veteran asserts he is entitled to service connection for left shoulder, right knee, and left knee disabilities.  The Board finds that remand is necessary prior to appellate review of these claims.

VA medical records relevant to the Veteran's claims were added to the claims file after the RO's adjudication in the November 2020 Supplemental Statement of the Case (SSOC).  See VA treatment records received May 2021.  Consequently, in January 2022, the Board sent a letter to the Veteran (copying his representative) which informed him that additional evidence had been added to the claims file and that he had a right to have the Agency of Original Jurisdiction (AOJ) review the evidence, or he could elect to waive AOJ consideration.  The letter also advised that the Veteran had 45 days from the date of the letter to respond, but if no response was received, the Board would remand the claims back to the AOJ for its initial consideration of the evidence.  To date, no response has been received from the Veteran.  In a March 2022 response, the Veteran requested remand to the AOJ for review of the additional evidence. Accordingly, the Veteran's claims must be remanded so that an SSOC may be issued that considers the additional VA-generated evidence.  See 38 C.F.R. §§ 19.31, 19.37.

Accordingly, the matters are REMANDED for the following action:

Review the record, to include all the evidence added since the last November 2020 SSOC, and readjudicate the claims. If any of the benefits sought on appeal remain denied, the Veteran should be provided an SSOC. An appropriate period should be allowed for response before the case is returned to the Board.

 

 

Richard Kettler

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. M. Gill, 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.