Citation Nr: 22047149
Decision Date: 08/18/22	Archive Date: 08/18/22

DOCKET NO. 19-36 374A
DATE: August 18, 2022

REMANDED

The issue of whether new and material evidence has been received to reopen a claim for entitlement to service connection for a back condition is remanded.

The issue of whether new and material evidence has been received to reopen a claim for entitlement to service connection for a neck condition is remanded.

The issue of whether new and material evidence has been received to reopen a claim for entitlement to service connection for a left shoulder condition is remanded.

The issue of whether new and material evidence has been received to reopen a claim for entitlement to service connection for a right shoulder condition is remanded.

The issue of whether new and material evidence has been received to reopen a claim for entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.

The issue of entitlement to service connection for a left arm condition is remanded.

The issue of entitlement to service connection for a right arm condition is remanded.

The issue of entitlement to service connection for a left leg condition is remanded.

The issue of entitlement to service connection for a right leg condition is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1982 to May 2003. 

This matter comes before the Board of Veterans' Appeals (Board) from a January 2019 rating decision issued by an Agency of Original Jurisdiction (AOJ) of the Department of Veterans Affairs (VA). 

Initially, the Board notes that the January 2019 rating decision is a legacy claim as VA provided notice of the decision prior to the effective date of the modernized review system.  38 C.F.R. §§ 3.2400, 19.2.  The Veteran filed a November 2019 notice of disagreement to the January 2019 rating decision for the issues of whether new and material evidence has been received to reopen the claims for entitlement to service connection for a back condition, a neck condition, right and left shoulder conditions, and PTSD as well as claims for service connection for right and left arm conditions and right and left leg conditions.  Therefore, the Veteran is entitled to a statement of the case (SOC).  38 C.F.R. §§ 19.26, 19.30. 

The issues are remanded pursuant to Manlincon v. West, 12 Vet. App. 238 (1999).  The Veteran is advised that the case will only be returned to the Board after issuance of an SOC if an appeal is perfected by the filing of a timely substantive appeal.  38 C.F.R. § 19.22. 

The matters are REMANDED for the following action:

Provide the Veteran and his representative a statement of the case regarding the issues of whether new and material evidence has been received to reopen a claim for entitlement to service connection for (1) a back condition; (2) a neck condition; (3) a left shoulder condition; (4) a right shoulder condition; and (5) PTSD; and the issues of entitlement to service connection for (6) a left arm condition; (7) a right arm condition; (8) a left leg condition; and (9) a right leg condition.  

If the Veteran perfects an appeal of any or all such issues by submitting a timely VA Form 9, return to the case to the Board. 

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Odya-Weis

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.