Citation Nr: 22040656
Decision Date: 07/15/22	Archive Date: 07/15/22

DOCKET NO. 14-35 181
DATE: July 15, 2022

REMANDED

Entitlement to service connection for bilateral ganglion cyst is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1977 to February 1978 and from January 1990 to June 1991.

These matters come before the Board of Veterans' Appeals (Board) on appeal from an August 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

This matter was previously remanded in April 2018, August 2021, and February 2022 for further development.  Unfortunately, for the reasons discussed below remand is again warranted. 

1. Entitlement to service connection for bilateral ganglion cyst is remanded.

After the issuance of the March 2022 supplemental statement of the case (SSOC) evidence was added to the record noting ongoing chronic right wrist pain.  This evidence is pertinent to the Veteran's claim for entitlement to service connection for bilateral ganglion cysts and was not considered in the March 2022 SSOC.  In May 2022 the Veteran was notified of this additional evidence and afforded the opportunity to waive consideration of this additional evidence by the agency of original jurisdiction (AOJ).  In June 2022 the Veteran returned the additional evidence response form but did not indicate whether he wished to have his claim remanded to the AOJ or waived his right to have the case remanded.  Thus, because the Veteran did not explicitly waive AOJ consideration of this additional evidence a remand is appropriate for consideration by the AOJ. 

The matters are REMANDED for the following action:

Adjudicate the Veteran's claim based on all evidence currently of record.  If needed, issue a supplemental statement of the case (SSOC) and return the case to the Board for further adjudication. 

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.