Citation Nr: 20042399
Decision Date: 06/23/20	Archive Date: 06/23/20

DOCKET NO. 07-22 827
DATE: June 23, 2020

REMANDED

Entitlement to an initial compensable rating for a bilateral hearing loss disability, for substitution purposes, is remanded.

Entitlement to service connection for a left hip disability, for substitution purposes, is remanded.

Entitlement to service connection for a left foot disability, for substitution purposes, is remanded.

Entitlement to an effective date prior to May 15, 2013 for total disability based on individual unemployability (TDIU), for substitution purposes, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1969 to June 1975 in the United States Navy with service in the Republic of Vietnam. The Veteran died in August 2016. 

The appellant is the Veteran’s surviving spouse and has been granted substitution as the appellant in the Veteran’s appeal pending at the time of his death.

1. Entitlement to an initial compensable rating for a bilateral hearing loss disability, for substitution purposes

2. Entitlement to service connection for a left hip disability, for substitution purposes 

3. Entitlement to service connection for a left foot disability, for substitution purposes 

4. Entitlement to an effective date prior to May 15, 2013 for total disability based on individual unemployability (TDIU), for substitution purposes  

At the time of his death in August 2016, the Veteran had pending appeals for entitlement to service connection for a left hip disability and a left foot disability, a higher rating claim for hearing loss, and an earlier effective date claim for TDIU. 

The appellant was granted substitution in April 2020. The April 2020 letter included an “Appeal Election Form,” allowing the appellant to remain in the traditional appeal process, or to have the appeal processed by the Decision Review Officer.

In May 2020 correspondence, the appellant and her attorney elected to have the appeal processed by the Decision Review Officer. Accordingly, a remand is required in order to fulfill the appellant’s election.

The matters are REMANDED for the following action:

1. Issue a decision in compliance with the May 2020 Appeal Election Form. 

2. After completing the development requested above, and any other development deemed necessary, readjudicate the appellant’s claim. If any of the benefits sought are not granted in full, the AOJ should furnish the appellant and her representative with an SSOC and afford an opportunity to respond. The claims file should then be returned to the Board for further appellate review.

 

 

J.W. FRANCIS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T. Fitzgerald, 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.