Citation Nr: 19180263
Decision Date: 10/22/19	Archive Date: 10/22/19

DOCKET NO. 16-16 515
DATE: October 22, 2019

REMANDED

Entitlement to an initial compensable rating for patellofemoral syndrome, right knee, is remanded. 

Entitlement to an initial compensable rating for patellofemoral syndrome, left knee, is remanded.

Entitlement to an initial compensable rating for left ear hearing loss is remanded.

Entitlement to an initial compensable rating for post-operative residuals, right ear, with membrane patch, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1998 to September 2002.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). Records show that the Veteran was scheduled to testify at a Board video conference hearing to be held at the RO in March 2019, but that he did not report to the hearing as scheduled. 

Following the issuance of a Statement of the Case (SOC) in March 2016 and certification of this appeal to the Board in April 2016, additional evidence has been received that is relevant to this appeal. Such evidence includes a VA audiological examination report in January 2017, and a May 2018 Disability Benefits Questionnaire regarding the Veteran’s right and left knee disabilities. The evidence also includes VA outpatient records dated in 2017 and 2018 which pertain to the disabilities on appeal. In light of this additional, pertinent evidence, the case must be remanded to the Agency of Original Jurisdiction (AOJ) for the issuance of a Supplemental Statement of the Case (SSOC). 38 C.F.R. § 19.31.

The matters are REMANDED for the following action:

Issue the Veteran and his representative a SSOC after reviewing all of the relevant evidence of record, to include all pertinent evidence that has been associated with the electronic claims file since the March 2016 SOC and the April 2016 certification of the appeal to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.