Citation Nr: 20009593
Decision Date: 02/06/20	Archive Date: 02/05/20

DOCKET NO. 14-14 563A
DATE: February 6, 2020

REMANDED

A rating in excess of 10 percent for bilateral hearing loss disability is remanded.

A compensable rating for dermatophytosis (claimed as foot condition to include jungle rot) is remanded.

REASONS FOR REMAND

The Veteran, who had active service from October 1963 to February 1967 and from May 1968 to April 1969, appeals May 2013 and June 2013 rating decisions.

1. A rating in excess of 10 percent for bilateral hearing loss disability is remanded.

2. A compensable rating for dermatophytosis (claimed as foot condition to include jungle rot) is remanded.

The Veteran received VA examination to determine the nature and severity of his dermatophytosis in July 2018 as well as VA examinations to determine the nature and severity of his hearing loss disability in July 2018 and September 2018. VA treatment records were also added to the record in 2018 and 2019. This VA generated evidence was not considered by the Agency of Original Jurisdiction (AOJ) subsequent to its issuance of the February 2014 Statement of the Case (SOC) in this case. See 38 C.F.R. §§ 19.37, 20.1304(c); compare 38 U.S.C. § 7105 (e) (discussing automatic waiver of evidence submitted by the claimant or the claimant's representative). The Veteran has not waived AOJ consideration of this evidence. Also, it appears that there may be additional action being taken at the AOJ on these issues. See June 2018 Deferred Rating Decision.

The matters are REMANDED for the following action:

Review all evidence added to the claims file since the February 2014 SOC that pertains to the issues on appeal. After undertaking any additional development deemed necessary, readjudicate the issues on appeal. The appellant and his representative should be provided with a SSOC. The case should then be returned to the Board for further appellate review, if otherwise in order.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. RIPPEL

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.