Citation Nr: 21001984
Decision Date: 01/12/21	Archive Date: 01/12/21

DOCKET NO. 15-12 675
DATE: January 12, 2021

REMANDED

The issue of entitlement to an evaluation in excess of 20 percent disabling for service-connected bilateral sensorineural hearing loss is remanded.

The issue of entitlement to a total disability rating for compensation based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1958 to March 1962.  The Veteran passed away in November 2016.  The appellant is the substitute claimant.  See VA correspondence, November 2018.

In January 2021, the appellant testified with witness J.P. under oath before the undersigned Veterans Law Judge at a videoconference hearing.

1. Entitlement to an evaluation in excess of 20 percent disabling for service-connected bilateral sensorineural hearing loss.

Based on testimony given at the January 2021 videoconference hearing, the Board finds that there may be outstanding VA treatment records.  Accordingly, remand is needed in order to obtain any relevant records.

2. Entitlement to a TDIU.

In addition, based on testimony at the videoconference hearing, the Board has added the issue of entitlement to a TDIU to the issues on appeal.  See Rice v. Shinseki, 22 Vet. App. 447 (2009).  The issue in inextricably intertwined with the increased evaluation issue and is also remanded.

The matter is REMANDED for the following action:

1. After securing any necessary consent forms, obtain any outstanding VA treatment records pertaining to the issue on appeal.

Provide the appellant with a VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, for her to complete as a substitute claimant for the Veteran, with instructions to return the form to the RO.  Also afford the appellant the opportunity to identify or submit any additional pertinent evidence in support of the TDIU claim.

All efforts should be documented in the claim file.  If any records could not be obtained, this should be noted in the claim file.

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2. If upon completion of the above action the issue is denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Foster, 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.