Citation Nr: 21069901
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 18-36 402
DATE: November 22, 2021

REMANDED

Entitlement to service connection for sleep apnea is remanded.

Entitlement to service connection for a gallbladder removal residual disability is remanded.

Entitlement to service connection for a right foot disability is remanded.

Entitlement to an increased rating for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran had active service from July 1979 to October 1981 and from January 1982 to September 1999.

These matters are on appeal from July 2015 and May 2018 rating decisions by a Department of Veterans Affairs (VA) regional office (RO).

The Veteran had a hearing before the undersigned Veteran's Law Judge in November 2020.  A transcript has been associated with the file.

Since the previous Supplemental Statement of the Case (SSOC), new evidence has been added to the file that has not been reviewed by the Agency of Original Jurisdiction (AOJ).  In September 2021, the Veteran was sent a letter asking whether he would like this evidence reviewed by the AOJ or if he would like to submit a waiver of this evidence.  In the same month, the Veteran submitted a correspondence saying he wanted these matters remanded to the AOJ for additional review.  Therefore, the matters are being remanded.

The matters are REMANDED for the following action:

1. After undertaking any other appropriate development deemed necessary, readjudicate the issues on appeal based on the additional evidence of record.  If the determinations remain adverse to the Veteran, he must be provided with a supplemental statement of the case.  An appropriate period of time must then be allowed for a response before the record is returned to the Board for further review.

 

 

John J. Crowley

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Snoparsky

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.