Citation Nr: 18153961
Decision Date: 11/29/18	Archive Date: 11/28/18

DOCKET NO. 18-07 792
DATE:	November 29, 2018
ORDER TO VACATE
The July 3, 2018, denial of service connection for vertigo is vacated.
REASONS AND BASES FOR VACATUR 
The Board of Veterans’ Appeals (Board) may vacate an appellate decision at any time upon request of the Veteran or his representative, or on the Board’s own motion, when a Veteran has been denied due process of law; or when benefits were allowed based on false or fraudulent evidence. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.904 (2018). 
By a decision dated July 3, 2018, the Board denied service connection for vertigo, claimed as secondary to service-connected bilateral hearing loss and tinnitus. In August 2018, the Veteran’s attorney contended that the Board’s denial of service connection for vertigo should be vacated for due process reasons because there is an outstanding October 2017 request for a copy of the Veteran’s claims file under the Freedom of Information Act (FOIA) and/or Privacy Act.  The Board agrees.  See 38 C.F.R. § 20.904. 
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The claim involving service connection for vertigo will be considered de novo by the Board; and a new decision on this claim will be rendered following the authorized release of records, pursuant to the FOIA/Privacy Act. That decision will be entered as if the Board’s July 3, 2018 decision had never been rendered.
 
WILLIAM H. DONNELLY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Mary C. Suffoletta