Citation Nr: 20040146 Decision Date: 06/11/20 Archive Date: 06/11/20 DOCKET NO. 10-36 124A DATE: June 11, 2020 REMANDED Entitlement to an initial compensable disability rating for service-connected hearing loss of the right ear is remanded. Entitlement to service connection for left ear hearing loss is remanded. Entitlement to service connection for residuals, status post gunshot wound to the left fifth metacarpal is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1982 to August 1988. This matter comes before the Board of Veterans’ Appeals (Board) on appeal of a May 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). This case was previously remanded by the Board in November 2011 and January 2014. The Veteran testified at a Board hearing by videoconference before a Veterans Law Judge (VLJ) of the Board in December 2011. The law requires that the VLJ who conducts a hearing on an appeal must participate in any decision made on that appeal. 38 U.S.C. § 7107 (c); 38 C.F.R. § 20.707. However, the VLJ who conducted the December 2011 Board hearing is no longer employed by the Board. In March 2020, the Veteran and his representative were sent a letter notifying them that the VLJ who presided over the December 2011 hearing is no longer employed by the Board and offered another hearing before a different VLJ. In April 2020 the Veteran requested a new in-person hearing at his local RO. As the Veteran has indicated that he desires a new hearing, and the RO is responsible for scheduling such hearings, a remand is required for it to do so in this case. The matters are REMANDED for the following action: 1. Schedule a new in-person hearing for the Veteran at his local RO and provide him with appropriate notification. SHEREEN M. MARCUS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. St. Laurent, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.