Citation Nr: 21068712 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 17-43 992 DATE: November 12, 2021 REMANDED Entitlement to an increased disability rating for small surgical scar is remanded. Entitlement to an initial increased disability rating for right ear hearing loss is remanded. Entitlement to service connection for a left ear hearing loss disability is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1964 to January 1967. This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran submitted a RAMP opt-in election form and selected a supplemental claim review of his appeal in August 2018. See 8/9/2018 RAPM Opt-in Election. On May 20, 2021, the Board sent the Veteran a letter explaining that it received the Veteran's RAMP Opt-in Election form, but that the opt-in has not been processed yet and is currently pending at the Board in the legacy review system. The letter asked the Veteran to submit the RAMP Participation Option form to the Board within 60 days from the date of the letter. The May 2021 letter added that if the Board did not hear from the Veteran within 60 days from the date of the letter, then it would assume that he would like the appeal to remain on the Board's docket and it will be processed in the legacy appeals system. Since the Veteran did not return the RAMP Participation Option form within the 60 days, the appeal will not be accepted for review in the modernized system and remains in the legacy review system. The Board notes that the Veteran requested a hearing before the Board. See 8/18/2017 Form 9. VA provided a notification letter to the Veteran in February 2020 and informed him that the requested hearing was scheduled for May 2020. See 2/2/2020 Correspondence. The Veteran's authorized representative was copied on the letter. The February 2020 letter further notified the Veteran that upon the failure to report to the hearing, the Board will consider the hearing request withdrawn and will not grant another request for a hearing for the same appeal unless the failure to report arose under circumstances that did not allow for the submission of a timely request to reschedule the hearing. The Veteran requested rescheduling of his hearing in April 2020. See 4/27/2020 VA 27-0820. VA provided a notification letter to the Veteran in December 2020 and informed him that the requested videoconference hearing was scheduled for February 23, 2021. See 12/28/2020 Hearing Related. The Veteran's authorized representative was copied on the letter. The December 2020 letter further notified the Veteran that upon the failure to report to the hearing, the Board will consider the hearing request withdrawn and will not grant another request for a hearing for the same appeal unless the failure to report arose under circumstances that did not allow for the submission of a timely request to reschedule the hearing. The Veteran was deemed a no-show for the Board hearing and to date, neither the Veteran, nor his authorized representative, have requested that the hearing be rescheduled as of the no-show in February 2021. Therefore, the Board finds the Veteran's request for a Board hearing to be withdrawn. 38 C.F.R. § 20.704(d). 1. An increased disability rating for small surgical scar. 2. An initial increased disability rating for right ear hearing loss. 3. Service connection for a left ear hearing loss disability. The record reflects that relevant evidence has been added to the claims file by the Agency of Original Jurisdiction (AOJ) prior to the transfer of records to the Board and after an appeal was initiated. See 2/15/2019 Board letter (informing the Veteran that the Board activated his legacy appeal and placed it on the docket). However a supplemental SOC (SSOC) has not been issued by the AOJ in accordance with 38 C.F.R. § 19.37(a). Additionally, the record does not show that the Veteran waived his right to have the AOJ consider this new evidence, such as VA examination records, in the first instance. Based on this factual scenario, the Board finds that a remand is required for the AOJ to consider this evidence in a SSOC to ensure the Veteran is afforded all due process. 38 U.S.C. § 7104(a). These matters are REMANDED for the following actions: 1. Obtain any and all of the Veteran's outstanding VA records from appropriate repositories. All records and/or responses received should be associated with the claims file. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile and allowed the opportunity to provide the records. 2. After completion of step #1, issue a SSOC regarding the issues of an increased rating for small surgical scar, an increased rating for right ear hearing loss, and service connection for left ear hearing loss that considers all relevant evidence of record, to include any VA examination, treatment, and CAPRI records added since the June 2017 supplemental statement of the case. Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J.F., 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.