Citation Nr: 22048622
Decision Date: 08/25/22	Archive Date: 08/25/22

DOCKET NO. 16-20 825
DATE: August 25, 2022

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include as due to exposure to herbicide agents or secondary to a heart disability, is remanded.

Entitlement to service connection for a coronary artery disease, to include as due to exposure to herbicide agents, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from April 1972 to January 1974.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a September 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office.

By way of history, the Veteran's claims were remanded in September 2019 to develop his exposure to herbicide agents.  In an April 2021 decision, the Board denied his claims.  The Veteran appealed the April 2021 decision to the United States Court of Appeals for Veterans Claims (Court).  In a March 2022 joint motion for remand (JMR), the parties stipulated the Board erred in not fully developing his exposure to herbicide agents for his entire period of service.  Consistent with the March 2022 JMR, these matters were remanded by the Board again in a July 2022.  These matters are again before the Board for adjudication.

1. Acquired psychiatric disorders to include as due to exposure to herbicide agents or secondary to a heart disability

2. Coronary artery disease to include as due to exposure to herbicide agents

The Board finds that a remand is necessary for the Agency of Original Jurisdiction (AOJ) to issue an SSOC for the claims on appeal. Specifically, in the July 2022 remand, the Board directed that the VA regional office conduct additional development of the Veteran's exposure to herbicide agents.  In July 2022, a response regarding his exposure was received; however, prior to recertification of the appeal to the Board, the VA regional office did not issue an SSOC which considered the new evidence of record.  38 C.F.R. § 19.31, 19.37.  As such, a remand is required to issue an SSOC to the Veteran and his representative.

These matters are REMANDED for the following action:

1. Issue an SSOC to the Veteran and his representative on the issues of entitlement to service connection for an acquired psychiatric disorder and coronary heart disease. 

 

 

Mike Sobiecki

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Xiong, 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.