Citation Nr: 21061375
Decision Date: 10/01/21	Archive Date: 10/01/21

DOCKET NO. 19-08 291
DATE: October 1, 2021

REMANDED

Entitlement to service connection for bilateral hearing loss is remanded.

Entitlement to service connection for Parkinson's disease is remanded.

REASONS FOR REMAND

The Veteran had active service from October 1966 to April 1968.

This matter is before the Board of Veterans' Appeals (Board) on appeal of the August 2018 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

1. Entitlement to service connection for bilateral hearing loss is remanded.

2. Entitlement to service connection for Parkinson's disease is remanded.

Appellants are entitled to initial review by the Agency of Original Jurisdiction (AOJ) of evidence added to the file by the Department of Veterans Affairs (VA), and waiver of such review may not be presumed. See 38 U.S.C.§ 7104(a); 38 C.F.R. § 20.1304. 

Here, additional evidence has been added to the file by VA since the Statement of the Case (SOC) was issued in December 2018 and the matter has not been readjudicated by the AOJ in a Supplemental Statement of the Case (SSOC) since that time. The Veteran was notified in a July 2021 correspondence that the Board received VA records from a government facility that were not previously considered by the AOJ and requested a waiver. However, in August 2021 the Veteran indicated that he would like the AOJ to review the additional evidence that was submitted in his appeal. Therefore, the appeal must be remanded so that an SSOC may be issued that considers all evidence of record. 38 C.F.R. § 20.1304(c).

The matters are REMANDED for the following action:

Readjudicate the issue on appeal taking into consideration all newly acquired evidence since the December 2018 Supplemental Statement of the Case. If the benefit sought on appeal remains denied, provide an additional supplemental statement of the case to the Veteran and his representative, and return the appeal to the Board for appellate review, after the Veteran and his representative have had an adequate opportunity to respond.

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Quist 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.