Citation Nr: 21004869
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 14-33 371
DATE: January 28, 2021

REMANDED

Entitlement to a disability rating higher than 50 percent for hearing loss since August 1, 2017, is remanded.

Entitlement to a disability rating higher than 0 percent for hearing loss prior to August 1, 2017, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1964 to December 1966.

This appeal comes before the Board of Veterans’ Appeals (Board) from a June 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi. 

Entitlement to a disability rating higher than 50 percent for hearing loss since August 1, 2017.

Entitlement to a disability rating higher than 0 percent for hearing loss Prior to August 1, 2017.

The Board remanded these claims in September 2018 to obtain additional pertinent medical records. Those records were obtained; however, the Agency of Original Jurisdiction (AOJ) did not readjudicate the claims taking into consideration the additional evidence. While the Veteran may waive his right to have additional evidence considered by the AOJ, the November 2020 informal hearing submitted by the Veteran’s representative clearly indicates that the Veteran does not wish to waive this right (Record 11/30/2020). Accordingly, the Board finds that a remand is necessary for the AOJ to issue a Supplemental Statement of the Case.

Accordingly, these matters are REMANDED for the following action:

1. Document in the claims file all evidence obtained in response to the Board’s September 2018 remand, and the results of any unsuccessful attempts. 

2. Readjudicate the remanded claims. If either benefit sought on appeal is not granted, the Veteran and his representative should be provided a supplemental statement of the case and an appropriate time period for response. The case should then be returned to the Board for further consideration, if otherwise in order.

 

JONATHAN B. KRAMER 

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. Cramp

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.