Citation Nr: 18147594
Decision Date: 11/05/18	Archive Date: 11/05/18

DOCKET NO. 16-39 290
DATE:	November 5, 2018
REMANDED
Entitlement to a compensable rating for bilateral hearing loss is remanded.
REASONS FOR REMAND
The Veteran served on active duty from November 1973 to February 1977.
This matter comes to the Board of Veterans’ Appeals (Board) from a July 2012 rating decision which continued a noncompensable rating for bilateral hearing loss.  
Entitlement to a compensable rating for bilateral hearing loss is remanded.
The record reflects that the Agency of Original Jurisdiction (AOJ) is actively working on the issue of entitlement to a compensable rating for bilateral hearing loss.  Subsequent to the issuance of the February 2017 supplemental statement of the case (SSOC), the Veteran was afforded a VA examination for his bilateral hearing loss.  This evidence is pertinent to the issue on appeal for entitlement to a compensable rating for bilateral hearing loss.  The VA examination report is VA-generated evidence not submitted by the Veteran or his representative and the automatic waiver provision of 38 U.S.C. § 7105(e) does not apply.  Further, waiver of a SSOC is only applicable to evidence submitted by the Veteran or his agent. See 38 C.F.R. § 20.1304.  As such, the claims must be remanded so that an SSOC addressing the additional VA-generated evidence may be issued.  See 38 C.F.R. §§ 19.31, 19.37 (2017).
The matter is REMANDED for the following action:
Readjudicate the Veteran’s claim for entitlement to a compensable rating for bilateral hearing loss based on the entirety of the evidence.  If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC).  An appropriate period of time should be allowed for response.  Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order.

 
K. PARAKKAL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Owen, Associate Counsel