Citation Nr: 21061516
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 20-11 214
DATE: October 4, 2021

REMANDED

The following issues are remanded for further development: (1) entitlement to an effective date prior to July 18, 2017 for the award of service connection for bilateral hearing loss; (2) entitlement to a compensable rating for bilateral hearing loss; and (3) recognizing the Veteran's child M.P. as a "helpless child" based on permanent incapacity for self-support prior to the age of 18.

REASONS FOR REMAND

The Veteran served on active duty from January 1966 to January 1969.

These matters are before the Board of Veterans' Appeals (Board) on appeal of September 2018 and October 2018 rating decisions of Department of Veterans Affairs (VA) Regional Offices (ROs).  Jurisdiction of the Veteran's claims file currently resides with the Los Angeles, California RO.

In a February 2020 statement of the case (SOC), the Agency of Original Jurisdiction (AOJ) adjudicated the issues identified above.  The Veteran submitted a timely substantive appeal in March 2020.  In May 2020, the case was certified to the Board and the Veteran's case was transferred to the Board.  

In evaluating the Veteran's appeal, the Board must address evidence received since the February 2020 SOC, but not yet considered in any additional rating decision or supplemental SOC (SSOC).  Any pertinent evidence submitted by the Veteran or his representative after records have been transferred to the Board must be referred to the AOJ for consideration in the first instance, unless this procedural right is waived.  See 38 C.F.R. § 20.1305.

In this case, new evidence was associated with the Veteran's claims file after the transferring of the Veteran's appeal to the Board.  Specifically, updated VA treatment records were received in May 2020, July 2020, and March 2021.  These treatment records could not have been considered at the time of the February 2020 SOC.

The Board sent the Veteran a waiver solicitation letter on July 20, 2021 to ascertain whether it could review this evidence received after the February 2020 SOC.  The letter stated that the Veteran had 45 days to respond and, if no response was received, the Board was to assume that the Veteran did not want the Board to decide his appeal at the present time.  The Veteran has not submitted a response to the July 20, 2021 letter and, accordingly, the Board must remand the Veteran's appeal for consideration of this additional evidence by the AOJ in the first instance.

The matters are REMANDED for the following action:

After completing any additional development deemed necessary, readjudicate the Veteran's claims, in light of VA treatment records received in May 2020, July 2020, and March 2021, as well as any other new evidence submitted.  If the benefits sought remain denied, provide an additional SSOC to the Veteran and his representative and afford them an opportunity to respond.  Then, return the appeal to the Board, if in order.

(Signature on Next Page) 

 

S.C. KREMBS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N.S. Pettine, 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.