Citation Nr: 18151303
Decision Date: 11/20/18	Archive Date: 11/16/18

DOCKET NO. 16-26 699
DATE:	November 20, 2018
REMANDED
Propriety of the reduction of the evaluation for the service-connected bilateral hearing loss from 30 percent to non-compensable, effective December 1, 2014, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 1966 to August 1968.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2014 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas.
The Board notes that the May 2017 Statement of the Case (SOC) addressed the claims of service connection for right and left knee disabilities, and obstructive sleep apnea.  While the appeal for these issues has been perfected, such appeals have not yet been certified to the Board and the Veterans Appeals Control and Locator System (VACOLS) indicates that the Agency of Original Jurisdiction (AOJ) is still taking action on these issues.  As such, the Board will not accept jurisdiction over them at this time, but they will be the subject of a subsequent Board decision, if otherwise in order.

Propriety of the reduction of the evaluation for service-connected bilateral hearing loss from 30 percent to non-compensable effective December 1, 2014 is remanded.
Here, the May 2016 statement of the case did not address the issue on appeal, that is, the propriety of the reduction of the evaluation for service-connected bilateral hearing loss from 30 percent to non-compensable, effective December 1, 2014.  In this regard, the matter on appeal is NOT an increased rating claim; rather, it is a claim for the restoration of the previously assigned 30 percent rating.  As such, the issue must be remanded and readjudicated, and a supplemental statement of the case regarding the propriety of the reduction must be issued if the claim remains denied.  See 38 C.F.R. § 19.31.
The matter is REMANDED for the following action:
Send the Veteran and his attorney a statement of the case that addresses the issue of propriety of the reduction of the evaluation for service-connected bilateral hearing loss.  After the Veteran has had an adequate opportunity to respond, then return the appeal to the Board for appellate review, if otherwise in order.
 
KRISTI L. GUNN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	McDuffie, Kerstin