Citation Nr: 21003864
Decision Date: 01/25/21	Archive Date: 01/25/21

DOCKET NO. 12-16 860
DATE: January 25, 2021

REMANDED

Entitlement to a rating in excess of 50 percent for chronic open angle glaucoma with old branch vein occlusion with accompanying retinal ischemia, astigmatism, and presbyopia from December 3, 2013 is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States U.S. Navy from June 1981 to February 1987.  This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2011 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) and was previously remanded by the Board in June 2020.  In March 2019, the Veteran testified at a travel Board hearing before a Veterans Law Judge who is no longer available.  The Veteran was offered a replacement hearing before another Veterans Law Judge, and she declined a replacement hearing in March 2020.  As such, the appeal has been reassigned to the undersigned Veterans Law Judge and has been returned to the Board for further consideration.

In October 2020, the RO issued a issued a supplemental statement of the case (SSOC) which denied an increased rating for chronic open angle glaucoma with old branch vein occlusion with accompanying retinal ischemia, astigmatism, and presbyopia from December 3, 2013 and informed the Veteran of the opportunity to respond within 30 days of receipt of the notice letter.  The Veteran’s representative, Deanne L. Bonner Simpson, was copied on the SSOC.  However, in November 2020, the copy of the SSOC that had been mailed to the representative’s office was returned as undeliverable.  This communication was mailed to an old address in Detroit, MI, and there is no indication that it was resent to the Veteran’s representative at her current address of record in Lansing, MI.  Therefore, the Board finds that a remand is required for a copy of the SSOC to be sent to the correct mailing address of the Veteran’s representative and for the representative to have an opportunity to respond, if she so chooses.

The matter is REMANDED for the following action:

The Agency of Original Jurisdiction should send the Veteran’s representative, Deanne L. Bonner Simpson, a copy of the October 2020 supplemental statement of the case to her current mailing address in Lansing, MI, as shown in the November 19, 2020 correspondence of record.  An appropriate period of time should be allowed for response.  The case should then be returned to the Board, if in order, for further appellate review.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Houle, 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.