Citation Nr: 21069831
Decision Date: 11/19/21	Archive Date: 11/19/21

DOCKET NO. 13-36 477
DATE: November 19, 2021

ORDER

The October 29, 2020, Board decision addressing the issue of entitlement to service connection for a right foot disability is vacated and the matter is remanded. 

The October 29, 2020, Board decision addressing the issue of entitlement to service connection for a back disability, claimed as degenerative disc disease (DDD), to include as secondary to right leg, right knee, right ankle and right foot disabilities is vacated and the matter is remanded. 

The October 29, 2020, Board decision addressing the issue of entitlement to service connection for an acquired psychiatric disability, claimed as anxiety and depression, including as secondary to GERD is vacated and the matter is remanded. 

The October 29, 2020, Board decision addressing the issue of entitlement to service connection for a right leg disability is vacated and the matter is remanded. 

The October 29, 2020, Board decision addressing the issue of entitlement to service connection for a right knee disability is vacated and the matter is remanded. 

The October 29, 2020, Board decision addressing the issue of entitlement to service connection for a right ankle disability is vacated and the matter is remanded. 

The October 29, 2020, Board decision addressing the issue of entitlement to service connection for hypertension is vacated and the matter is remanded. 

The October 29, 2020, Board decision addressing the issue of entitlement to service connection for erectile dysfunction is vacated and the matter is remanded. 

The October 29, 2020, Board decision addressing the issue of entitlement to service connection for a stomach disorder, claimed as ulcers and gastroesophageal reflux disease (GERD) is vacated and the matter is remanded. 

The October 29, 2020, Board decision addressing the issue of entitlement to an initial compensable rating for bilateral hearing loss is vacated and the matter is remanded. 

INTRODUCTION

The Veteran served on active duty from February 1975 to October 1980.

ORDER TO VACATE AND REASON FOR REMAND

The Board of Veterans' Appeals (Board) may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board's own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence.  38 U.S.C. § 7104 (a); 38 C.F.R. § 20.904.

In this case, the Board issued a decision denying the above-noted claims on October 29, 2020, following the issuance of an October 20, 2020 supplemental statement of the case (SSOC).  However, the Veteran was allowed 30 days after the issuance of the SSOC in which to opt-in and have his case reviewed under the new Appeals Modernization Act (AMA).  On November 13, 2020 the Veteran submitted a VA Form 20-0996 Decision Review Request, wherein he elected to have the above-noted claims reviewed by a higher-level reviewer of the RO.  In order to assure due process, the October 29, 2020, decision must be vacated.

Accordingly, the October 29, 2020, Board decision addressing the above-noted issues is VACATED and this case is REMANDED for the following actions:

The RO should take appropriate and indicated action on the November 2020 VA Form 20-0996. 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Fraser, 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.